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SEP^lVl914 


Circular  No.  1 


Law  Creating 

The  Public  Utilities  Commission 

of  the 

State  of  Colorado 


ISSUED  BY 

The  Public  Utilities  Commission 
of  the  State  of  Colorado 

DENVER,  COLORADO 

AUGUST    12,    1914 


DENVER,   COLORADO 
THE   SMITH-BROOKS    PRINTING   COMPANY,    STATE   PRINTERS 

1914 


,,13 


OEPT 


THE  PUBLIC  UTILITIES  COMMISSION  OF  THE  STATE  OF 

COLORADO 


COM  A!  [SSIOXERS 


Aaron  P.  Anderson Term  expires  1915 

Sheridan  S.  Kendall Term  expires   1(.)17 

George  T.  Bradley Term  expires  1919 


OFFICERS 


Aaron  P.  Anderson.  .  .-.v...- Chairman 

•John  \v.  Fliniliaiii '.."*....  ».V.  l.Z'i\} Secretary 


CHAPTER  127. 


PUBLIC  UTILITIES. 


(S.  B.  No.  1.  by  Senators  Burris  and  Van  Tilhorg.) 

AN     ACT 

CONCERNING  PUBLIC  UTILITIES,  CREATING  A  PUBLIC 
UTILITIES  COMMISSION,  PRESCRIBING  ITS  POWERS 
AND  DUTIES  AND  REPEALING  CERTAIN  ACTS  AND 
PARTS  OF  ACTS  IN  CONFLICT  THEREWITH. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of  Colorado: 

Section  1.  This  act  shall  he  known  as  the  "Public 
Utilities  Act"  and  shall  apply  to  the  public  utilities  and    Nameandap- 

...  .  ,  •         -i  -i      n  t     .        ,i  •       •  plication. 

public  services  herein  described  and  to  the  commission 
herein  referred  to. 

Section  2.      (a)    The  term   "commission"   when   used 
in  this  act,  means  The  Public  Utilities  Commission  of  the   Definitions. 
State  of  Colorado. 

(b)  The  term  "commissioner",  when  used  in  this 
act,  means  one  of  the  members  of  the  commission. 

(c)  The  term  "corporation",  when  used  in  this  act, 
includes  a  corporation,  a  company,  an  association,  and  a 
joint-stock  association. 

(d)  The  term  "person",  when  used  in  this  act.  in- 
cludes an  individual,  a  linn,  and  a  co-partnership. 

(e)  The  term  "common  carrier",  when  used  in  this 
act,  includes  every  railroad  corporation;  street  railroad 
corporation;  express  corporation,  dispatch,  sleeping;  car, 
dining  car,  drawing  room  car,  freight,  freight-line,  refrig- 
erator, oil,  stock,  fruit,  car  loaning,  car  renting,  car  load- 
ing, and  every  other  car  corporation  <>r  person,  their 
lessees,  trustees,  receivers,  or  trustees  appointed  by  any 
court  whatsoever,  operating  for  compensation  within  this 
State. 


2^)8^82 


.      -I  I'l  r.l.M'    UTILITIES 

Section  '■'>.     The  term  "public  utility",  when  used  in 

1   UDllC  -ii 

ilus  act.  includes  every  common  carrier,  pipe  kne  corpora- 
tion, ,un<  corporation,  electrical  corporation,  telephone 
corporation,  telegraph  corporation,  water  corporation, 
person  or  municipality  operating  for  the  purpose  of  sup- 
plying  the  public  for  domestic,  mechanical  or  public  uses, 
and  every  corporation,  or  person  now  or  hereafter  de- 
clared by  law  to  be  affected  with  a  public  interest,  and 
each  thereof,  is  hereby  declared  to  be  a  public  utility  and 
to  be  subject  to  the  jurisdiction,  coin  vol  and  regulation 
of  the  commission  and  to  the  provisions  of  tin's  act;  Pro- 
vided, thai  nothing  in  this  act  shall  be  construed  to  apply 
to  irrigation  systems,  the  chief  or  principal  business  of 
which  is  to  supply  water  for  the  purpose  of  irrigation. 

Section  4.     A   Public  Utilities  Commission  is  hereby 
created  which  shall  be  known  as  The  Public  Utilities  Com- 

commission  .  ,  .  .    , 

created.  mission  of   the  State  of  Colorado  and  which  shall  consist 

of  three  members  who  shall  be  appointed  by  the  Gov- 
ernor, except  as  in  this  section  otherwise  provided.  Aaron 
P.  Anderson  is  hereby  designated  and  named  as  one  com- 
missioner, and  shall  hold  his  office  until  the  second  Tues- 
day in  January,  1915;  Sheridan  S.  Kendall  is  hereby  des- 
ignated  and  named  as  one  commissioner  and  shall  hold 
his  office  until  the  second  Tuesday  in  January.  1917;  and 
immediately  upon  the  taking  effed  of  this  act  the  Gov- 
ernor shall  appoint  a  commissioner  who  shall  hold  his 
office  until  the  second  Tuesday  in  January,  1919.  The 
term  of  office  for  each  commissioner  thereafter  to  be  so 
appointed  by  the  Governor,  by  and  with  the  consent  of 
the  Senate,  shall  be  for  the  term  of  six  years  from  and 
after  the  expiration  of  the  several  terms  as  herein  fixed. 
No  two  members  of  The  Public  Utilities  Commission  shall 
at  any  t  ime  be  residents  of  the  same  Judicial  District,  and 
any  appointment  to  fill  a  vacancy  shall  be  for  the  unex- 
pired term.  The  Governor  shall  designate  one  member  of 
the  Commission  as  chairman  of  the  Commission. 

The   Commissioners   herein    named   shall    receive   us 

Compensation.  compensation  for  their  services  the  sum  of  Three  Thou- 
sand hollars  each  per  annum  for  the  remainder  of  the 
respective  terms  for  which  tiny  were  elected  as  Railroad 
Commissioners.  All  Commissioners  appointed  after  the 
passage  of  this  Ait  shall  receive  as  compensation  the  sum 
of  Pour  Thousand   Dollars  each  per  annum. 


PUBLIC    UTILITIES  •> 

The  Commissioners  shall  devote  their  entire  time  to 

the  duties  of  their  office,  to  the  exclusion  of  any  other 
employment. 

Section  5.  Each,  commissioner  and  each  person  ap- 
pointed to  a  civil  executive  office  by  the  commission  shall.  Oath, 
before  entering  upon  the  duties  of  his  office,  take  the  con- 
stitutional oath  of  office.  Each  commissioner  shall  be  a 
qualified  elector  of  this  State,  and  no  p<  rson  in  the  em- 
ploy of  or  holding  any  official  relation  to  any  corporation 
or  person,  which  said  corporation  or  person  is  subject  in 
whole  or  in  part  to  regulation  by  the  commission,  and  no 
person  owning  stocks  or  bonds  of  any  such  corporation 
or  who  is  in  any  manner  pecuniarily  interested  therein 
shall  be  appointed  to  or  hold  the  office  of  commissioner  or 
be  appointed  or  employed  by  the  commission;  provided, 
that  if  any  such  person  shall  become  the  owner  of  such 
stocks  or  bonds  or  become  pecuniarily  interested  in  such 
corporation  otherwise  than  voluntarily,  he  shall  within  , 
six  months  divest  himself  of  such  ownership  <>r  interest; 
failing  to  do  so,  his  office  or  employment  shall  become 
vacant. 

Section  (5.  The  commission  shall  appoint  a  secretary, 
whose  salary  shall  be  at  the  rate  of  twenty-five  hundred  secretary, 
dollars  per  annum  and  who  shall  hold  office  during  its  salary, 
pleasure.  It  shall  be  the  duty  of  the  secretary  to  keep  a 
full  and  true  record  of  all  proceedings  of  the  commis- 
sion, to  issue  all  necessary  process,  writs,  warrants  and 
notices  and  to  perform  such  other  duties  as  the  commis- 
sion may  prescribe,  and  who  shall  have  all  the  powers 
conferred  by  law  upon  peace  officers  to  carry  weapons, 
make  arrests  and  serve  warrants  and  other  process  in  any 
county  or  city  and  county,  of  this  State. 

Section  7.  The  commission  shall  have  power,  with 
the  approval  of  the  Governor,  to  employ  during  its  pleas-  Employes, 
ure  such  experts,  engineers,  statisticians,  accountants,  in- 
spectors, clerks  and  employees  as  it  may  deem  necessary 
to  carry  out  the  provisions  of  this  act  or  to  perform  the 
duties  and  exercise  the  powers  conferred  by  law  upon  the 
commission.  The  commission  shall  have  power  with  the 
approval  of  the  Governor  to  appoint  an  attorney  at  law 
of  this  state  who  shall  hold  office  during  the  pleasure  of 
the  commission  and  who  shall  exercise  the  powers  and 
duties  conferred  upon  him  by  this  act  and  by  the  commis- 


I'l  I'.l.ic    UTILITIES 


i  ittic.-. 


Procure  book 

Incur  ex- 
penses. 


-  aate 
Commissioner 
to  hold  hear- 


sion.  The  commissioners,  secretary,  clerks,  inspectors, 
accountants,  attorneys,  and  all  other  employees,  except 
experts  temporarily  in  the  employ  of  the  commission, 
shall  have  been  for  four  years  prior  .to  such  appointmenl 
or  employment,  bona  fide  residents  of  the  state  of  Colo- 
rado, and  each  and  all  of  these,  except  only  the  attorneys 
and  experts  shall,  while  in  the  employ  of  the  commission, 
devote  their  entire  time  to  the  service  of  the  Commission, 
to  the  exclusion  of  any  other  employment. 

Section  8.  (a)  The  office  of  the  commission  shall  he 
in  the  city  and  county  of  Denver.  The  office  shall  be 
open  every  day.  legal  holidays  and  Sundays  excepted. 
The  commission  shall  hold  ils  sessions  at  least  once  each 
calendar  month  in  said  city  and  county  of  Denver,  and 
may  also  meet  at  such  other  times  and  in  such  other 
places  as  may  be  expedient  and  necessary  for  the  proper 
performance  of  its  duties.  It  shall  be  the  duty  of  the 
Board  of  Capitol  Managers,  or  its  successors  in  authority, 
to  provide  suitable  quarters  for  the  commission  and  its 
officers  at  the  Capitol  building. 

lb)  The  commission  shall  have  a  seal,  bearing  the 
following  inscription:  "The  Public  Utilities  Commission 
of  the  State  of  Colorado."  The  seal  shall  be  affixed  to 
all  writs  and  authentications  of  copies  of  records  and  to 
such  other  instruments  as  the  commission  shall  direct. 
All  courts  shall  take  judicial  notice  of  said  seal. 

(el  The  commission  is  authorized  to  procure  all  nec- 
essary books,  maps,  charts,  stationery,  instruments,  office 
furniture,  apparatus  and  appliances,  and  incur  such  other 
expenses  as  may  be  actual  and  necessary,  and  the  same 
shall  be  paid  for  in  the  same  manner  as  other  expenses 
authorized  by  this  act. 

Section  !).  Any  investigation,  inquiry  or  hearing 
which  the  commission  has  power  to  undertake  or  to  hold 
may  he  undertaken  or  held  by  or  before  any  commis- 
sioner designated  for  the  purpose  by  the  commission,  and 
every  finding,  order  or  decision  made  by  a  commissioner 
so  designated,  pursuant  to  such  investigation,  inquiry  or 
hearing,  when  approved  and  confirmed  by  the  commis- 
sion shall  be  and  be  deemed  to  be  the  finding,  order  or 
decision  of  the  commission. 


PUBLIC    UTILITIES 


Section  10.  (a)  All  officers,  attorney,  experts,  engi- 
neers, statisticians,  accountants,  inspectors,  clerks  and 
employees  of  the  commission  shall  receive  such  compensa- 
tion as  may  he  fixed  by  law  or  by  the  commission.  The 
commissioners,  attorney,  secretary  and  rate  expert  shall 
be  civil  executive  officers  and  their  salaries  as  fixed  by 
law  or  the  commission  shall  be  paid  in  the  same  maimer 
as  are  the  salaries  of  other  state  officers.  The  salary  or 
compensation  of  every  other  person  holding-  employment 
under  the  commission  shall  be  paid  monthly  from  the 
funds  appropriated  for  the  use  of  the  commission,  after 
being  approved  by  the  commission,  upon  claims  therefor 
to  be  audited  by  the  state  auditing  board. 

lb)  All  expenses  incurred  by  the  commission  pursu- 
ant to  the  provisions  of  this  act.  including  the  actual  and 
necessary  traveling  expenses  and  other  expenses  and  dis- 
hursenieuts  of  the  commissioners,  their  officers  and  em- 
ployees, incurred  while  on  business  of  the  commission, 
shall  be  paid  from  the  funds  appropriated  for  the  use  of 
the  commission,  upon  claims  therefor  to  be  audited  by  the 
state  auditing  board. 

Section  11.  The  commissioners  and  the  officers  and 
employees  of  the  commission,  shall,  when  in  the  perform- 
ance of  their  official  duties,  have  the  right  to  pass,  free  of 
charge,  on  all  railroads,  cars  and  other  vehicles  of  eveiw 
common  carrier  subject  in  whole  or  in  part  to  control  or 
regulation  by  the  commission,  between  points  within  this 
State,  ami  such  person  shall  not  be  denied  the  right  to 
travel  upon  any  railroad,  car,  or  other  vehicle  of  such 
common  carrier,  whether  such  railroad,  car,  or  other  ve- 
hicle be  used  for  the  transportation  of  passengers  or 
freight,  and  regardless  of  its  class. 

Section  12.  The  commission  shall  make  and  submit 
to  the  (Governor  on  or  before  the  first  day  of  December  of 
each  year  Subsequent  to  the  year  nineteen  hundred  and 
twelve  a  report  containing  a  full  and  complete  account  of 
its  transactions  and  proceedings  for  the  preceding  fiscal 
year,  together  with  such  other  fads,  suggestions,  and 
recommendations,  as  it  may  deem  of  value  to  the  people 
of  the  State. 

Section  13.  (a)  All  charges  made,  demanded  or  re- 
ceived by  any  public  utility,  or  by  any  two  or  more  public 
utilities,   for  any   rate,   fare,   product    or  commoditv    ftir- 


Compensation 
of  employes. 


Expenses. 


Pass  free  in 
discharge 
of  duty. 


Annual  report 
to  Governor. 


Just  and  rea- 
sonable 
charges. 


i'i  i-.i.ic   utilities 


Maintain 

reasonable 

service. 


Adopt  and 

regulate 

rates. 


File  printed 
schedules  of 
rates,  etc. 


aished  or  to  be  furnished  or  anj  service  tendered  or  to  be 

rendered  shall  lie  just  and  reasonable.  Every  unjust  or 
unreasonable  charge  made,  demanded  or  received  for 
such  rate,  Tare,  product  or  commodity  or  service  is  here- 
by prohibited  and  declared  unlawful. 

tin  Every  public  utility  shall  furnish,  provide  and 
maintain  such  service,  instrumentalities,  equipment  and 
facilities  as  shall  promote  the  safety,  health,  comfort  and 
convenience  of  its  patrons,  employees  and  the  public,  and 
as  shall  in  all  respects  be  adequate,  efficient,  jnst  and 
reasonable. 

Section  14.  The  power  and  authority  is  hereby 
vested  in  The  Public  Utilities  Commission  of  the  State  of 
Colorado,  and  it  is  hereby  made  its  duty  to  adopt  all 
necessary  rates,  charges,  and  regulations  to  govern  and 
regulate  all  rates,  charges  and  tariffs  of  every  public  util- 
ity of  this  State  as  herein  defined,  the  power  to  correct 
abuses,  and  prevent  unjust  discriminations  and  extortions 
in  the  rates,  charges  and  tariffs  of  such  public  utilities  of 
this  State  and  to  generally  supervise  and  regulate  every 
public  utility  in  this  State  and  to  do  all  things,  whether 
herein  specifically  designated,  or  in  addition  thereto, 
which  are  necessary  or  convenient  in  the  exercise  of  such 
power,  and  to  enforce  the  same  by  the  penalties  provided 
in  this  act,  through  proper  courts  having  jurisdiction. 

Section  15.  Under  such  rules  and  regulations  as  the 
commission  may  prescribe,  every  public  utility  shall  file 
with  the  commission  within  such  time  and  in  such  form  as 
the  commission  may  designate,  and  shall  print  and  keep 
open  to  public  inspection  schedules  showing  all  rates, 
tolls,  rentals,  charges  and  classifications  collected  or  en 
forced,  or  to  be  collected  and  enforced,  together  with  all 
rules,  regulations,  contracts,  privileges  and  facilities 
which  in  any  manner  affect  or  relate  to  rates,  tolls,  ren- 
tals, classifications,  or  service.  The  rates,  tolls,  rentals 
and  charges  shown  on  such  schedules  when  filed  by  a  pub- 
lic utility  as  to  which  the  commission  acquires  the  power 
by  this  ad  to  fix  any  rates,  tolls,  rentals,  or  charges,  shall 
not  within  any  portion  of  the  territory  as  to  which  the 
the  commission  acquires  as  to  such  public  utility  such 
power,  exceed  the  rates,  tolls,  rentals  or  charges  in  effect 
on  the  tenth  day  of  October  nineteen  hundred  and  twelve; 
the  rates,  tolls,  rentals  and  charges  shown  on  such  sched 


PUBLIC    UTILITIES  9 

ules,  when  filed  by  any  public  utility  as  to  any  territory 
as  to  which  the  commission  does  not  by  this  act  acquire 
as  to  such  public  utility  such  power,  shall  not  exceed  the 
rates,  tolls,  rentals  and  charges  in  effect  at  the  time  the 
commission  acquires  as  to  such  territory  and  as  to  such 
public  utility  the  power  to  fix  rates,  tolls,  rentals  or 
charges.  Nothing  in  this  section  contanied  shall  prevent 
the  commission  from  approving  or  fixing  rates,  tolls,  ren- 
tals or  charges,  from  time  to  time,  in  excess  of  or  less 
than  those  shown  by  said  schedules. 

Section  16.  Unless  the  commission  otherwise  orders, 
no  change  shall  be  made  by  any  public  utility  in  any  rate,  Notice  for 
fare,  toll,  rental,  charge  or  classification,  or  in  any  rule,  change  of 
regulation  or  contract  relating  to  or  affecting  any  rate,  rates. 
fare,  toll,  rental,  charge,  classification  or  service,  or  in 
any  privilege  or  facility,  except  after  thirty  days'  notice 
to  the  commission  and  the  public  as  herein  provided. 
Such  notice  shall  be  given  by  filing  with  the  commission 
and  keeping  open  for  public  inspection  new  schedules 
stating  plainly  the  change  or  changes  to  be  made  in  the 
schedule  or  schedules  then  in  force,  and  the  time  when 
the  change  or  changes  will  go  into  effect.  The  commis- 
sion, for  good  cause  shown,  may  allow  changes  without 
requiring  the  thirty  days'  notice  herein  provided  for,  by 
an  order  specifying  the  changes  so  to  be  made  and  the 
time  when  they  shall  take  effect,  and  the  manner  in  which 
they  shall  be  filed  and  published.  When  any  change  is 
proposed  in  any  rate,  fare,  toll,  rental,  charge  or  classifi- 
cation, or  in  any  form  of  contract  or  agreement  or  in  any 
rule,  regulation  or  contract  relating  to  or  affecting  any 
rate,  fare,  toll,  rental,  charge  or  classification  or  service, 
or  in  any  privilege  or  facility,  attention  shall  be  directed 
to  such  change  on  the  schedule  filed  with  the  commission 
immediately  preceding  or  following  the  item. 

Section  17.  (a)  No  public  utility  subject  to  the  pro- 
visions of  this  act  shall,  directly  or  indirectly,  issue,  give  4nti.pass 
or  tender  any  free  service,  ticket,  frank,  free  pass,  or  provisions. 
other  gratuity,  or  free  or  reduced-rate  transportation  for 
passengers  between  points  within  this  State,  except  to  the 
members  of  the  commission  and  their  agents  and  em- 
ployees while  in  the  discharge  of  their  public  duties,  and 
except  to  its  employees  and  their  families,  its  officers, 
agents,   surgeons,   physicians,   and  attorneys   at   law;   to 


Ill  PUBLIC    UTILITIES 

ministers  of  religion,  traveling  secretaries  of  railroad 
Young  Men's  Christian  Associations,  inmates  of  hospitals 
;iml  charitable  and  eleemosynary  institutions,  and  per- 
sons exclusively  engaged  in  charitable  and  eleemosynary 
work:  to  indigent,  destitute  and  homeless  persons,  and  to 
such  persons  when  transported  by  charitable  societies  or 
hospitals,  and  the  necessary  agents  employed  in  such 
transportation  ;  to  inmates  of  the  National  Homes  or  State 
Homes  for  Disabled  Volunteer  Soldiers,  and  of  Soldiers' 
and  Bailors'  Homes,  including  those  about  to  enter  and 
those  returning  home  after  discharge;  to  necessary  care 
takers  of  live  stock,  poultry,  fish  and  spawn  (to  be  used 
by  the  State  for  the  purpose  of  stocking  public  streams  i. 
milk  and  fruit;  to  employees  on  sleeping  cars,  express 
cars,  and  to  linemen  of  telegraph  and  telephone  com 
panics;  to  railway  mail  service  employees;  postoffice  in- 
spectors, customs  inspectors,  and  immigration  inspectors: 
to  newsboys  on  trains,  baggage  agents,  witnesses  attend 
ing  any  legal  investigation  in  which  the  common  carrier 
is 'interested,  persons  injured  in  wricks  and  physicians 
and  nurses  attending  such  persons;  Provided,  that  this 
provision  shall  not  be  construed  to  prohibit  the  inlet- 
change  of  passes  for  the  officers,  agents  and  emplojees  of 
common  carriers  and  their  families:  nor  to  prohibit  any 
common  carrier  from  carrying  passengers  tree  with  the 
object  of  providing  relief  in  cases  of  general  epidemic, 
pestilence,  or  other  calamitous  visitation;  and  provided 
further,  that  this  provision  shall  not  be  construed  to  pro- 
hibit the  privilege  of  passes  or  franks,  or  the  exchange 
thereof  with  each  other,  for  the  officers,  agents  and  em- 
ployees of  telegraph  and  telephone  companies  and  their 
families,  and  the  officers,  agents,  employees  and  their  fam 
dies  of  other  common  carriers  subject  to  the  provisions  of 
this  act ;  provided  further,  that  the  term  "employees"  as 
used  in  this  paragraph,  shall  include  furloughed,  pen- 
sioned and  superannuated  employees,  persons  who  have 
become  disabled  or  infirm  in  the  service  of  any  such  com- 
mon carrier,  and  the  remains  of  a  person  killed  in  the 
employment  of  a  carrier  and  ex-emplovees  traveling  for 
the  purpose  of  entering  the  service  of  any  such  common 
carrier;  and  the  term  •families",  as  used  in  this  para- 
graph, shall  include  the  families  of  those  persons  named 
in  this  proviso,  also  the  families  of  persons  killed,  and  the 


PUBLIC    UTILITIES  11 

widows  during-  widowhood  and  minor  children  during  mi- 
nority of  persons  who  died  while  in  the  service  of  any 
such  common  carrier.  Provided,  the  granting  or  issuing 
of  any  free  service,  ticket,  frank,  free  pass,  or  other  gra- 
tuity, or  free  or  reduced-rate  transportation  shall  be  sub- 
ject to  such  reasonable  restrictions  as  the  commission  may 
impose.  Any  common  carrier  violating  this  provision 
shall  be  liable  to  the  penalty  hereinafter  prescribed  for  a 
violation  of  this  act,  and  any  person,  other  than  the  per- 
sons excepted  in  this  provision,  who  uses  any  such  free 
ticket,  free  pass  or  free  transportation  shall  be  subject  to 
a  like  penalty. 

(b)  Nothing  in  this  act  contained  shall  be  construed 

to  prohibit  the  issue  by  express  corporations  of  free  or  re-  ExpresSi  tele. 
duced-rate  transportation  for  express  matter  to  their  of-  phone,  teie- 
ficers  and  employees,  or  the  interchange  of  free  or  re-  graph  franks. 
ducer-rate  transportation  for  express  matter  between  com- 
mon carriers,  their  officers  and  employees,  provided,  that 
such  express  matter  be  for  the  personal  use  of  the  person 
to  or  for  whom  such  free  or  reduced-rate  transportation  is 
granted;  nor  to  prohibit  the  issue  of  franks  by  telegraph 
or  telephone  corporations  to  their  officers  and  employees ; 
nor  to  prevent  a  common  carrier  from  transporting,  stor- 
ing or  handling,  free  or  at  reduced  rates  the  household 
goods  and  personal  effects  of  its  employees,  of  persons 
entering  or  leaving  its  service,  and  of  persons  killed  or 
dying  while  in  its  service. 

(c)  Except  as  in  this  section  otherwise  provided,  no 

public  utility,  shall  charge,  demand,  collect  or  receive  a  Discrimination 
greater  or  less  or  different  compensation  for  any  product  prohibited, 
or  commodity  furnished  or  to  be  furnished,  or  for  any 
service  rendered  or  to  be  rendered,  than  the  rates,  tolls. 
rentals,  and  charges  applicable  to  such  product  or  com- 
modity or  service  as  specified  in  its  schedules  on  file  and 
in  effect  at  the  time,  nor  shall  any  such  public  utility  re- 
fund or  remit,  directly  or  indirectly,  in  any  manner  or  by 
any  device,  any  portion  of  the  rates,  tolls,  rentals  and 
charges  so  specified,  nor  extend  to  any  corporation  or  per- 
son any  form  of  contract  or  agreement  or  rule  or  regula- 
tion or  any  facility  or  privilege  except  such  as  are  regu- 
larly and  uniformly  extended  to  all  corporations  and  per- 
sons; provided  that  the  commission  may  by  rule  or  order 
establish  such  exceptions  from  the  operation  of  this  pro- 


11' 


PUBLIC    UTILITIES 


.\"i>  unreason- 
able difference 
in  rates. 
Commission 
to  determine 
question  of 
fact,  revoke 
approval,  fix 
other  rates. 


Companies 
exchange 

business. 


Telephone 
and  telegraph 
ra  tea  for  Iodk 

ami  short 
distance. 


hibition  ;is  it  may  consider  just  and  reasonable  as  to  each 
public  utility. 

Section  IS.  No  public  utility  shall,  as  to  rates, 
charges,  service,  facilities,  or  in  any  other  respect,  make 
or  grant  any  preference  or  advantage  to  any  corporation 
or  person  or  subject  any  corporation  or  person  to  any 
prejudice  or  disadvantage.  No  public  utility  shall  estab- 
lish or  maintain  any  unreasonable  difference  as  to  rates, 
charges,  service,  facilities,  or  in  any  respect,  either  be- 
tween localities  or  as  between  any  class  of  service.  The 
commission  shall  have  the  power  to  determine  any  ques- 
tion of  fact  arising  under  this  section.  Nothing  in  this 
act  shall  be  taken  to  prohibit  a  corporation  or  person 
engaged  in  the  production,  generation,  transmission,  or 
furnishing  of  heat,  light,  water,  or  power,  telegraph  or 
telephone  service,  from  establishing  a  graduated  scale 
of  charges;  provided  that  a  schedule  showing  such  scale 
of  charges  shall  first  be  filed  with  the  commission  and 
such  schedule  and  each  rate  set  out  therein  approved  by 
it.  Nothing  in  this  act  shall  be  taken  to  prohibit  any 
such  corporation  or  person  from  entering  into  an  ar- 
rangement for  a  fixed  period  for  the  automatic  adjustment 
of  charges  for  heat,  light,  water,  or  power,  telegraph  or 
telephone  service,  in  relation  to  the  dividends  to  be  paid 
to  stockholders  of  such  corporation  or  the  profits  to  be 
realized  by  such  person;  provided,  that  a  schedule  show- 
ing the  scale  of  charges  under  such  arrangement  shall 
first  have  been  filed  with  the  commission  and  such  sched- 
ule and  each  rate  therein  approved  by  it.  Nothing  in 
litis  section  shall  prevent  the  commission  from  revoking 
its  approval  at  any  time  and  fixing  other  rates  and 
charges  for  the  product  or  commodity  or  service,  as 
authorized  by  this  act. 

Section  L9.  Every  telephone  corporation  and  tele- 
graph corporation  operating  in  this  State  shall  receive, 
transmit  and  deliver,  without  discrimination  or  delay,  the 
conversations  and  messages  of  every  other  telephone  or 
telegraph  corporation  with  whose  line  a  physical  connec- 
tion may  have  been  made. 

Section  20.  No  telephone  or  telegraph  corporation 
subject  to  the  provisions  of  this  act  shall  charge  or  re- 
ceive any  greater  compensation  in  the  aggregate  for  the 
transmission  of  anv  lone  distance  message  or  conversa- 


PUBLIC    UTILITIES 


13 


tion  for  a  shorter  than  for  a  longer  distance  over  the 
same  line  or  route  in  the  same  direction,  within  this  State, 
the  shorter  being  included  within  the  longer  distance,  or 
charge  any  greater  compensation  for  a  through  service 
than  the  aggregate  of  the  intermediate  rates  or  tolls  sub- 
ject to  the  provisions  of  this  act ;  but  this  shall  not  be  con- 
strued as  authorizing  any  such  telephone  or  telegraph  cor- 
poration to  charge  and  receive  as  great  a  compensation 
for  a  shorter  as  for  a  longer  distance.  Upon  application 
to  the  commission,  a  telephone  or  telegraph  corporation 
or  person  operating  such  utility  may,  in  special  cases, 
after  investigation,  be  authorized  by  the  commission  to 
charge  less  for  a  longer  than  a  shorter  distance  service 
for  the  transmission  of  messages  or  conversations,  and  the 
commission  may  from  time  to  time  prescribe  the  extent  to 
which  such  telephone  or  telegraph  corporation  or  person 
may  be  relieved  from  the  operation  and  requirements  of 
this  section. 

Section  21.  No  street  or  interurban  railroad  corpora- 
tion shall  charge,  demand  or  collect  or  receive  more  than 
five  cents  for  one  continuous  ride  in  the  same  general  di- 
rection within  the  corporate  limits  of  any  city  and  county, 
city  or  town,  except  upon  a  showing  before  the  commis- 
sion that  such  greater  charge  is  justified.  Every  street  or 
interurban  railroad  corporation  shall  upon  such  terms  as 
the  commission  shall  find  to  be  just  and  reasonable  furnish 
to  its  passengers  transfers  entitling  them  to  one  continu- 
ous trip  in  the  same  general  direction  over  and  upon  the 
portions  of  its  lines  within  the  same  city  and  county,  or 
city  or  town,  not  reached  by  the  originating  car. 

Section  22.  Every  public  utility  shall  furnish  to  the 
commission  at  such  time  and  in  such  form  as  the  commis- 
sion may  require  a  report  in  which  the  utility  shall  speci- 
fically answer  all  questions  propounded  by  the  commis- 
sion upon  or  concerning  which  the  commission  may  desire 
information.  The  commission  shall  have  the  authority  to 
require  any  public  utility  to  file  monthly  reports  of  earn- 
ings and  expenses,  and  to  file  periodical  or  special,  or  both 
periodical  and  special  reports  concerning  any  matter 
about  which  the  commission  is  authorized  by  this  act  or 
in  any  other  act  to  inquire  or  to  keep  itself  informed,  or 
which  it  is  required  to  enforce.  All  reports  shall  be 
under  oath. 


Street  car 
and  interur- 
ban rates. 


Utilities  must 
furnish  in- 
formation. 


14 


PUBLIC    UTILITIES 


Commission 
shall 

mine 


Investigate 
and 
lish 

nes. 


Better  si 

ir  commodity. 


Section  -'.\.  (a)  Whenever  the  commission,  after  a 
hearing  had  upon  its  own  motion  or  upon  complaint, 
shall  find  thai  the  rates,  tolls,  fares,  rentals,  charges  or 
classifications,  or  any  of  them  demanded,  observed, 
charged  <>r  collected  by  any  public  utility  for  any  service. 
or  product -or  conn lit  v.  or  in  connection  therewith,  in- 
cluding the  rates  or  fares  for  excursion  or  commutation 
tickets,  or  that  the  rules,  regulations,  practices,  or  con 
tracts,  or  any  of  them,  affecting  such  rates,  fares,  tolls, 
rentals,  charges,  or  classifications,  or  any  of  them,  are  un- 
just, unreasonable,  discriminatory,  or  preferential,  or  in 
any  wise  in  violation  of  any  provision  of  law,  or  that 
such  rales,  fares,  tolls,  rentals,  charges,  or  classifications. 
are  insufficient,  the  commission  shall  determine  the  just, 
reasonable  or  sufficient  rates,  fares,  tolls,  rentals,  charges, 
rules,  regulations,  practices,  or  contracts  to  be  thereafter 
observed  and  in  force,  and  shall  fix  the  same  by  order  as 
hereinafter   provided. 

ibi  The  commission  shall  have  the  power,  upon  a 
hearing,  had  upon  its  own  motion  or  upon  complaint,  to 
investigate  a  single  rate,  fare.  toll,  rental,  charge,  class- 
ification, rule,  regulation,  contract,  or  practice,  or  any 
number  thereof,  or  the  entire  schedule  or  schedules  of 
rates,  fares,  tolls,  rentals,  charges,  classifications,  rules. 
regulations,  contracts,  and  practices,  or  any  thereof,  of 
any  public  utility,  and  to  establish  new  rates,  fares,  tolls. 
rentals,  charges,  classifications,  rules,  regulations,  con- 
tracts or  practices,  or  schedule  or  schedules,  in  lieu 
thereof. 

Section  24.  Whenever  the  commission  after  a  hear- 
ing had  upon  its  own  motion  or  upon  complaint,  shall  find 
that  the  rules,  regulations,  practices,  equipment,  appli- 
ances, facilities,  or  service  of  any  public  utility,  or  the 
methods  of  manufacture,  distribution,  transmission,  stor- 
age or  supply  employed  by  it,  are  unjust,  unreasonable. 
unsafe,  improper,  inadequate  or  insufficient,  the  commis- 
sion shall  determine  the  just,  reasonable,  safe,  proper, 
adequate,  or  sufficient  rules,  regulations,  practices,  equip- 
ment, appliances,  facilities,  service,  or  methods  to  be  ob- 
served, furnished,  constructed,  enforced  or  employed  and 
shall  fix  the  same  by  its  order,  rule  or  regulation.  The 
commission  shall  prescribe  rules  and  regulations  for  the 
performance  "f  any  service  or  the  furnishing  of  any  com- 


PUBLIC    UTILITIES  15 

modify  of  the  character  furnished  or  supplied  by  any  pub- 
lie  utility,  and  upon  proper  tender  of  rates,  such  public 
utility  shall  furnish  such  commodity  or  render  such  serv- 
ice within  the  time  and  upon  the  conditions  provided  in 
such  rules. 

Section  25.  Whenever  the  commission  after  a  hear- 
ing upon  its  own  motion  or  upon  complaint,  shall  find  the 
additions,  extensions,  repairs,  or  improvements  to,  or  Repairs,  new 
change  in  the  existing  plant,  equipment,  apparatus,  fa-  buildings,  et 
cilities  or  other  physical  property  of  any  public  utility  or 
of  any  two  or  more  public  utilities  ought  reasonably  to  be 
made,  or  that  a  new  structure  or  structures  should  be 
erected  to  promote  the  security  or  convenience  of  its  em- 
ployees or  the  public,  or  in  any  other  way  to  secure  ade- 
quate service  or  facilities,  the  commission  shall  make  and 
serve  an  order  directing'  that  such  additions,  extensions, 
repairs,  improvements,  or  changes  be  made  or  such  struc- 
ture or  structures  be  erected  in  the  manner  and  within 
the  time  specified  in  such  order.  If  the  commission  or- 
ders the  erection  of  a  new  structure,  the  selection  of  the 
site  for  such  structure  shall  be  subject  to  the  approval  of 
the  commission.  If  any  additions,  extensions,  repairs, 
improvements,  or  changes,  or  any  new  structure  or  struc- 
tures which  the  commission  has  ordered  to  be  erected,  re- 
quire joint  action  of  two  or  more  public  utilities,  the  com- 
mission shall  notify  the  said  public  utilities  that  such 
additions,  repairs,  improvements,  or  changes  or  new  struc- 
ture or  structures  have  been  ordered  and  that  the  same 
shall  be  made  at  their  joint  cost,  whereupon  the  said  pub- 
lic utilities  shall  have  such  reasonable  time  as  the  commis- 
sion may  grant  within  which  to  agree  upon  the  portion  or 
division  of  cost  of  such  additions,  repairs,  extensions,  im- 
provements, or  changes  or  new  structure  or  structures, 
which  each  shall  bear.  If  at  the  expiration  of  such  time 
such  public  utilities  shall  fail  to  file  with  the  commission 
a  statement  that  an  agreement  has  been  made  for  a  divi- 
sion or  apportionment  of  the  cost  or  expense  of  such  ad- 
ditions, extensions,  repairs,  improvements,  or  changes,  or 
new  structure  or  structures,  the  commission  shall  have 
authority,  after  further  hearing,  to  make  an  order  fixing 
the  proportion  of  such  expense  to  be  borne  by  each  public 
utility  and  the  manner  in  which  the  same  shall  be  paid  or 
secured. 


l(i  PUBLIC    UTILITIES 

Section  26.    Whenever  the  commission,  after  a  hear- 
Muip-  '".-  '1;,<1   upon   its  own  motion  or  upon  complaint,  shall 

nent.  find  that  am   railroad  corporation  or  street  railroad  cor- 

poration, or  person  operating  any  such  railroad  or  street 
railroad  does  not  run  a  sufficient  number  of  trains  or  tars. 
or  does  not  possess  or  operate  sufficient  motive  power, 
reasonably  to  accommodate  the  traffic,  passenger  or 
freighl  transported  by  or  offered  for  transportation  to  it, 
or  does  not  run  its  trains  or  cars  with  sufficient  frequency 
or  at  a  reasonable  or  proper  time  having  regard  to  safety, 
or  does  not  stop  the  same  at  proper  places,  or  does  not 
run  any  train  or  trains,  car  or  cars,  upon  a:  reasonable 
time  schedule  for  the  run.  the  commission  shall  have  the 
power  to  make  an  order  directing  any  such  railroad  cor- 
poration or  street  railroad  corporation  to  increase  the 
number  of  its  trains  or  of  its  cars  or  its  motive  power  or 
to  change  the  time  of  starting  its  train  or  car  or  to  change 
the  time  schedule  for  the  run  of  any  train  or  car,  or  to 
change  the  stopping  place  or  places  thereof,  or  to  make 
any  other  change  the  commission  may  determine  to  be 
reasonably  necessary  to  accommodate  and  transport  the 
traffic,  passenger  or  freight,  transported  or  offered  for 
transportation. 

Section  27.  Whenever  the  commission,  after  a  hear- 
Connect  non-  mg  had  upon  its  own  motion  or  upon  complaint  shall  find 
competitive  that  a   physical   connection  can   reasonably  be  made  be- 

lines-  tween  the  lines  of  two  or  more  noncompetitive  telegraph 

or  telephone  corporations  whose  lines  can  be  made  to 
form  a  continuous  line  of  communication,  by  the  construc- 
tion and  maintenance  of  suitable  connections  for  the 
transmission  of  messages  or  conversations,  and  the  public 
convenience  and  necessity  will  be  subserved  thereby,  or 
shall  find  that  two  or  more  telegraph  or  telephone  cor- 
porations have  failed  to  establish  joint  rates,  tolls,  or 
charges  for  service  by  or  over  their  said  lines,  and  that 
joint  rates,  tolls  or  charges  ought  to  be  established,  the 
commission  may  by  its  order  require  that  such  connec- 
tion be  made,  except  where  the  purpose  of  such  connec- 
tion is  primarily  to  secure  the  transmission  of  local  mes- 
sages or  conversations  between  points  in  the  same  consol- 
idated city  and  county,  city  or  town,  and  that  conversa- 
tions be  transmitted  and  messages  transferred  over  such 
connection  under  such  rules  and  regulations  as  the  com- 


PUBLIC    UTILITIES 


17 


conduits, 
tracks,  poles. 


mission  may  establish  and  prescribe  through  lines  and 
joint  rates,  tolls  and  charges  to  he  made,  and  to  be  used, 
observed  and  in  force  in  the  future.  If  such  telephone 
or  telegraph  corporations  do  not  agree  upon  the  division 
between  them  of  the  joint  cost  of  such  physical  connec- 
tion or  connections  or  the  division  of  the  joint  rates, 
tolls,  or  charges  established  by  the  commission  over  such 
through  lines,  the  commission  shall  have  authority,  after 
further  hearing,  to  establish  such  division  by  supple- 
mental order. 

Section  28.  Whenever  the  commission  after  a  hear- 
ing had  upon  its  own  motion  or  upon  complaint  of  a 
public  utility  affected,  shall  find  that  the  public  conveni-  Joint  use 
ence  and  necessity  require  the  use  by  one  public  utility 
of  the  conduits,  subways,  tracks,  wires,  poles,  pipes  or 
other  equipment,  or  any  part  thereof,  on,  over,  or  under 
any  street  or  highway,  and  belonging  to  another  public 
utility,  and  that  such  use  will  not  result  in  irreparable 
injury  to  the  owner  or  other  users  of  such  conduits,  sub- 
ways, wires,  tracks,  poles,  pipes  or  other  equipment  or  in 
any  substantial  detriment  to  the  service,  and  that  such 
public  utilities  have  failed  to  agree  upon  such  use  or  the 
terms  and  conditions  or  compensation  for  the  same,  the 
commission  may  by  order  direct  that  such  use  be  permit- 
ted, and  prescribe  reasonable  compensation  and  reason- 
able terms  and  conditions  for  the  joint  use.  If  such  use 
be  directed,  the  public  utility  to  whom  the  use  is  permit- 
ted shall  be  liable,  to  the  owner  or  other  users  of  such 
conduits,  subways,  tracks,  wires,  poles,  pipes,  or  other 
equipment  for  such  damage  as  may  result  therefrom  to 
the  property  of  such  owners  or  other  users  thereof;  pro- 
vided, that  power  companies  shall  not  be  permitted  to  use 
telegraph  or  telephone  conduits  or  poles  for  transmission 
of  electric  current. 

Section  29.  The  commission  shall  have  power,  after 
a  hearing  had  upon  its  own  motion  or  upon  complaint,  to  SpeciaI  rules 
make  general  or  special  orders,  rules  or  regulations,  or 
otherwise,  to  require  every  public  utility  to  maintain  and 
operate  its  line,  plant,  system,  equipment,  apparatus, 
tracks  and  premises  in  such  manner  as  to  promote  and 
safeguard  the  health  and  safety  of  its  employees,  passen- 
gers, customers,  and  the  public,  and  to  this  end  to  pre- 
scribe, among  other  things,  the  installation,  use,  mainte- 


IS  PU.BLIC    UTILITIES 

oance  and  operation  of  appropriate  safety  or  other  devices 
or  appliances,  including  interlocking  and  other  pro- 
tecting devices  ;it  grade  crossings  or  junctions  and  block 
or  other  systems  of  signaling,  1<»  establish  uniform  or 
other  standards  of  equipment,  ;ind  to  require  the  perform- 
ance of  any  oilier  net  which  the  health  or  safety  of  its 
employees,  passengers,  customers  or  the  public  may  de- 
mand. 

Seel  ion  30.  (a)  The  commission  shall  have  the  power 
to  provide  the  time  within  which  express  packages  shall 
be  received,  gathered,  transported  and  delivered  at  desti- 
nation, and  the  limits  within  which  express  packages  shall 
be  gathered  and  distributed  and  telegraph  messages  de- 
livered without  extra  charge. 

(b)   The  commission  shall  have  power,  to  provide  by 
Rules  for  proper  rules  and  regulations  the  time  which  consignors 

handling  or  persons  ordering  cars  shall  load  the  same,  and  the  time 

freight.  within  which  consignees  or  persons  to  whom  freight  may 

be  consigned  shall  unload  and  discharge  the  same  and  re- 
ceive freight  from  the  freight  depots,  and  to  enforce  the 
penalties  for  any  failure  on  the  part  of  the  consignors 
and  consignees  to  conform  to  such  rules  as  provided  in 
this  act. 


flards 


Section  31.  (a)  The  commission  shall  have  power, 
after  hearing  had  upon  its  own  motion  or  upon  complaint, 
for  electricity  *"°  ascertain  and  fix  just  and  reasonable  standards,  class- 
ga-3  and  water,  ifications,  regulations,  practices,  measurements  or  serv- 
ice to  be  furnished,  imposed,  observed  and  followed  by  all 
electrical,  gas,  and  water  public  utilities;  to  ascertain  and 
fix  adequate  and  serviceable  standards  for  the  measure- 
ment of  quantity,  quality,  pressure,  initial  voltage  or 
other  condition  ]>ertaining  to  the  supply  of  the  product, 
commodity  or  service  furnished  or  rendered  by  any  such 
public  utility;  to  prescribe  reasonable  regulations  for  the 
examination  and  testing  of  such  product,  commodity  or 
service  and  for  the  measurement  thereof;  to  establish  rea- 
sonable rules,  regulations',  specifications  and  standards  to 
secure  the  accuracy  of  all  meters  and  appliances  for 
measurement  .and  weighing;  and  to  provide  for  the  exam- 
ination and  lestinj;  of  any  and  all  appliances  used  for  the 
measurement  or  weighing  of  any  product,  commodity  or 
service  of  any  such  public  utility. 


PUBLIC    UTILITIES 


L9 


examine. 


Test  meters. 


ibi   The   commissioners   and    their   officers   and   em- 
ployees shall  have  power  To  enter  upon  any  premises  oc-   Enter  and 
cnpied  by  any  public  utility,  for  the  purpose  of  making 

the  examinations  and  tests  and  exercising  any  of  the 
other  powers  provided  for  in  this  act,  and  to  set  up  and 
use  on  such  premises  any  apparatus  and  appliances  neces- 
sary therefor.  The  agents  and  employees  of  such  public 
utility  shall  have  the  right  to  be  present  at  the  making  of 
such  examinations  and  tests. 

(c)  Any  consumer  or  user  of  any  product,  commodity 
or  service  of  a  public  utility  may  have  any  appliance  used 
in  the  measurement  thereof  tested  upon  paying  the  fees 
fixed  by  the  commission.  The  Commission  shall  establish 
and  fix  reasonable  fees  to  be  paid  for  testing  such  appli- 
ances on  the  request  of  the  consumer  or  user,  the  fee  to  be 
paid  by  the  consumer  or  user  at  the  time  of  his  request, 
but  to  be  paid  by  the  public  utility  and  repaid  to  the  con- 
sumer or  user  ife  the  appliance  is  found  defective  or  in- 
correct to  the  disadvantage  of  the  consumer  or  user, 
under  such  rules  and  regulations  as  may  be  prescribed  by. 
the  commission. 

Section  32.     The  commission  shall  have  power  to  as- 
certain the  value  of  the  property  of  every  public  utility   Ascertain 
in  this  State  and  the  facts  which  in  its  judgment  have  or  value,  make 
may  have  any  bearing  on  such  value.     The  commission    » evaluations. 
shall  have  power  to  make  revaluations  from  time  to  time 
and  to  ascertain  all  new  constructions,  extensions  and  ad- 
ditions to  the  property  of  every  public  utility. 

Section  33.  The  commission  shall  have  power  to  es- 
tablish  a  system  of  accounts  to  be  kept  by  all  public  utili- 
ties, or  to  classify  said  public  utilities  and  to  establish  a 
system  of  accounts  for  each  class,  and  to  prescribe  the 
manner  in  which  such  accounts  shall  be  kept. 

It  may  also  in  its  discretion  prescribe  the  forms  of 
accounts,  records  and  memoranda  to  be  kept  by  such  pub-  system  of 
lie  utilities,  including  the  accounts,  records  and  memo-  accounts. 
randa  of  the  movement  of  traffic  as  well  as  the  receipts 
and  expenditures  of  moneys,  and  any  other  forms,  records 
and  memoranda  which  in  the  judgment  of  the  commis- 
sion may  be  necessary  to  carry  out  the  provisions  of  this 
act.  The  system  of  accounts  established  by  the  commis- 
sion and  the  forms  of  accounts,  records  and  memoranda 
prescribed  by  it  shall  not  be  inconsistent  in  the  case  of 


20  PUBLIC    UTILITIES 

corporations  subject  to  the  provisions  of  the  act  of  con- 
gress entitled  "An  net  to  regulate  commerce,"  approved 
February  fourth,  eighteen  hundred  and  eighty-seven,  and 
the  acts  amendatory  thereof  and  supplementary  thereto, 
with  the  systems  and  forms  from  time  to  time  established 
•  for  such  corporations  by  the  interstate  commerce  commis- 
sion, hut  nothing  herein  contained  shall  affect  the  power 
of  the  commission  to  prescribe  forms  of  accounts,  records 
and  memoranda  covering  information  in  addition  to  that 
required  by  the  interstate  commerce  commission.  The 
commission  may,  after  hearing  had  upon  its  own  motion 
or  upon  complaint,  prescribe  by  order  the  accounts  in 
which  particular  outlays  and  receipts  shall  be  entered, 
charged  or  credited.  Where  the  commission  has  pre- 
scribed the  forms  of  accounts,  records  or  memoranda  to 
be  kept  by  any  public  utility  for  any  of  its  business,  it 
shall  thereafter  be  unlawful  for  such  public  utility  to 
keep  any  accounts,  records  or  memoranda  for  such  busi- 
ness other  than  those  so  prescribed,  or  those  prescribed 
by  or  under  the  authority  of  any  other  state  or  of  the 
United  States,  excepting  such  accounts,  records  or  memo- 
randa as  shall  be  explanatory  of  and  supplemental  to  the 
accounts,  records  or  memoranda  prescribed  by  the  com- 
mission. 

Section  34.  The  commission  shall  have  power,  after 
Depreciation  hearing,  to  require  any  or  all  public  utilities  to  carry  a 
proper  and  adequate  depreciation  account  in  accordance 
with  such  rules,  regulations  and  forms  of  accounts  as  the 
commission  may  prescribe.  The  commission  may,  from 
time  to  time,  ascertain  and  determine  and  by  order  fix  the 
proper  and  adequate  rates  of  depreciation  of  the  several 
classes  of  property  of  each  public  utility.  Each  public 
utility  shall  conform  its  depreciation  accounts  to  the  rates 
so  ascertained,  determined  and  fixed,  and  shall  set  aside 
the  money  so  provided  for  out  of  the  earnings  and  carry 
the  same  in  a  depreciation  fund  and  expend  such  fund 
only  for  such  purposes  and  under  such  rules  and  regula- 
tions, both  as  to  original  expenditure  and  subsequent  re- 
placement as  the  commission  may  prescribe.  The  income 
from  investments  of  moneys  in  such  fund  shall  likewise  be 
carried  in  such  fund. 

Section  35.  (a)  No  street  railroad  corporation,  gas 
corporation,  electric  Corporation,  telephone  corporation, 


account. 


PUBLIC    UTILITIES 


21 


telegraph  corporation,  water  corporation,  or  person  shall 
henceforth  begin  the  construction  of  a  street  railroad  or 
of  a  line,  plant  or  system,  or  of  any  extension  of  such 
street  railroad,  or  line,  plant  or  system,  without  first  hav- 
ing obtained  from  the  commission  a  certificate  that  the  ceruflcate^ 
present  or  future  public   convenience  and   necessity   re-  struction 
quire  or  will  require  such  construction;  provided,  that 
this  section  shall  not  be  construed  to  require  any  such  cor- 
poration to  secure  such  certificate  for  an  extension  within 
any  city  and  countv  or  city  or  town  within  which  it  shall 
have  theretofore  lawfully  commenced  operations,  or  for 
an  extension  into  territory,  either  within  or  without  a 
city  and  countv  or  city  or  town,  contiguous  to  its  street 
railroad,   or  line,  plant  or  system,   and  not  theretofore 
served  by  a  public  utility  of  like  character,  or  for  an  ex- 
tension within  or  to  territory  already  served  by  it,  neces- 
sarv  in  the  ordinary  course  of  its  business ;  and  provided, 
further,  that  if  any  such  public  utility,  in  constructing  or 
extending  its  line,'  plant  or  system,  shall  interfere  or  be 
about  to  interfere  with  the  operation  of  the  line,  plant  or 
system,   of   any    other    such    public    utility    already    con- 
structed, the  commission,  on  complaint  of  the  public  util- 
ity claiming  to  be  injuriously  affected,  may,  after  hearing, 
make  such  order  and  prescribe  such  terms  and  conditions 
for  the  location  of  the  lines,  plants  or  systems  affected  as 
to  it  mav  seem  just  and  reasonable. 

(b)"No  public  utility  of  a  class  specified  in  Section  dp 
(a)   hereof  shall  henceforth  exercise  any  right  or  privi-  certificate 
lege  under  any  franchise  or  permit -hereafter  f™^><"  ™eTs- 
under  anv  franchise  or  permit  heretofore  granted  but  not  pended 
heretofore  actually  exercised,  or  the  exercise  of  which  has 
been  suspended  for  more  than  one  year,  without  first  hav- 
ing obtained  from  the  commission  a  certificate  that  public 
convenience  and   necessity   require   the  exercise  of  such 
right  or  privilege;  provided,  that  when  the  commission 
shall  find,  after  hearing,  that  a  public  utility  has  hereto- 
fore begun  actual  construction  work  and  is  prosecuting 
such  work,  in  good  faith,  uninterruptedly  and  with  rea- 
sonable diligence  in  proportion  to  the  magnitude  of  the 
undertaking,   under  any   franchise   or  permit  heretofore 
oranted  but  not  heretofore  actually  exercised,  such  public 
utility  mav  proceed,  under  such  rules  and  regulations  as 
the  commission  mav  prescribe,  to  the  completion  of  such 
work   and  mav,  after  such  completion,  exercise  such  right 


PUBLIC    UTILITIES 


File  copy  of 
Incorporation. 


Granting  of 

certificate 

optional. 


To  Bell,  lease, 
encumber  or 
consolidate 

void  without 

permission. 


or  privilege;  and  provided,  further,  thai  this  section  shall 
not  ho  construed  to  validate  any  right  or  privilege  aow 
invalid  or  hereafter  becoming  invalid  under  any  law  of 
this  State. 

I  c  i  Before  any  cert  ificate  may  issue, under  this  section 
a  fortified  copy  of  its  articles  or  incorporation  or  charter, 
if  the  applicant  bo  a  corporation,  shall  be  filed  in  ihe  of- 
fice of  the  commission.  Every  applicant  for  a  certificate 
shall  file  in  the  office  of  the  commission  such  evidence  as 
shall  ho  required  by  the  commission  to  show  that  such 
applicant  has  received  the  required  consent,  franchise  or 
permit  of  the  proper  comity,  city  and  county,  municipal 
or  other  public  authority.  The  commission  shall  have 
power,  after  hearing,  to  issue  said  certificate,  as  prayed 
for,  or  to  refuse  to  issue  the  same,  or  to  issue  it  for  the 
construction  of  a  portion  only  of  the  contemplated  street 
railroad,  line,  plant  or  system,  or  extension  thereof,  or  for 
the  partial  exercise  only  of  said  right  or  privilege,  and 
may  attach  to  the  exercise  of  the  rights  granted  by  said 
certificate  such  terms  and  conditions  as  in  its  judgment 
the  public  convenience  and  necessity  may  require.  If 
such  public  utility  desires  to  exercise  a  right  or  privilege 
under  a  franchise  or  permit  which  it  contemplates  secur- 
ing, but  which  has  not  as  yet  been  granted  to  it.  siicli 
public  utility  may  apply  to  the  commission  for  an  order 
preliminary  to  the  issue  of  the  certificate.  The  commis- 
sion may  thereupon  make  an  order  declaring  that  it  will 
thereafter,  upon  application,  under  such  rules  and  regu- 
lations as  it  may  prescribe,  issue  the  desired  certificate. 
upon  such  terms  and  conditions  as  it  may  designate,  afl<  r 
such  public  utility  has  obtained  the  contemplated  fran- 
chise or  permit.  Upon  the  presentation  to  the  commis- 
sion of  evidence  satisfactory  to  it  that  such  franchise  or 
permit  has  been  secured  by  such  public  utility,  the  com 
mission  shall  thereupon  issue  such  certificate.  The  com 
mission  shall  charge  a  reasonable  fee  not  exceeding  fifty 
cents  on  each  one  thousand  dollars  of  capital  to  be  in- 
vested, for  issuing  said  public  convenience  and  necessity 
certificate. 

Section  36.  (a)  No  railroad  corporation,  street  rail- 
road corporation,  pipe  line  corporation,  gas  corporation, 
electrical  corporation,  telephone  corporation,  telegraph 
corporation,  water  corporation,  or  person  subject  to  the 


PUBLIC    UTILITIES  23 

provisions  of  this  act,  shall  henceforth  sell,  lease,  assign, 
mortgage  or  otherwise  dispose  of  or  encumber  the  whole 
or  any  part  of  its  railroad,  street  railroad,  line,  plant  or 
system,  necessary  or  useful  in  the  performance  of  its 
duties  to  the  public,  or  any  franchise  or  permit  or  any 
right  thereunder,  or  by  any  means  whatsoever,  direct  or 
indirect,  merge  or  consolidate  its  railroad,  street  railroad, 
line,  plant  or  system,  or  franchises  or  permits  or  any  part 
thereof,  with  any  other  public  utility,  without  having  first 
secured  from  the  commission  an  order  authorizing  it  so  to 
do.  Every  such  sale,  lease,  assignment,  mortgage,  dispo- 
sition, encumbrance,  merger  or  consolidation  made  other 
than  in  accordance  with  the  order  of  the  commission  au- 
thorizing the  same  shall  be  void.  The  permission  and  ap- 
proval of  the  commission  to  the  exercise  of  a  franchise 
or  permit  under  section  thirty-five  (a)  of  this  act.  or  the 
sale,  lease,  assignment,  mortgage  or  other  disposition  or 
encumbrance  or  a  franchise  or  permit  under  this  section 
shall  not  be  construed  to  revive  or  validate  any  lapsed  or 
invalid  franchise  or  permit  or  to  enlarge  or  add  to  the 
powers  or  privileges  contained  in  the  grant  of  any  fran- 
chise or  permit,  or  to  waive  any  forfeiture.  Nothing  in 
this  subsection  contained  shall  be  construed  to  prevent 
the  sale,  lease  or  other  disposition  by  any  public  utility 
of  a  class  designated  in  this  subsection  of  property  which 
is  not  necessary  or  useful  in  the  performance  of  its  duties 
to  the  public,  and  any  sale  of  its  property  by  such  public 
utility  shall  be  conclusively  presumed  to  have  been  of 
property  which  is  not  useful  or  necessary  in  the  perform- 
ance of  its  duties  to  the  public,  as  to  any  purchaser  of 
such  property  in  good  faith  for  value. 

(b)  No  public  utility  .shall  hereafter  purchase  or  ac- 
quire, take  or  hold,  any  part  of  the  capital  stock  of  any  Not  to 
other  public  utility,  operating  under  and  by  virtue  of  the  stock  of  an- 
laws  of  this  State,  without  having  been  first  authorized  to  other  utility, 
do  so  by  the  commission.  Every  assignment,  transfer, 
contract  or  agreement  for  assignment  or  transfer  or  any 
stock  by  or  through  any  person  or  corporation  to  any 
corporation,  or  otherwise,  in  violation  of  any  of  the  pro- 
visions of  this  section  shall  be  void  and  of  no  effect,  and 
no  such  transfer  shall  be  made  on  the  books  of  any  public 
utility.  Nothing  herein  contained  shall  be  construed  t<> 
prevent  the  holding  of  stock  heretofore  lawfully  acquired. 


own 


24 


ITI'.l.K"    UTILITIES 


Issue  <>(  stock 
a  special 

privilege. 


May  issue 
stock. 


Section  M.  (a)  The  power  of  public  utilities  to  is- 
sue slocks  and  slock  certificates,  and  bonds,  notes  and 
other  evidences  of  indebtedness  and  to  create  liens  on 
their  property  situated  within  this  state  is  a  special  priv- 
ilege, the  right  of  supervision,  regulation,  restriction  and 
control  of  which  is  and  shall  continue  to  be  vested  in  the 
State,  and  such  power  shall  be  exercised  as  provided  by 
law  and  under  such  rules  and  regulations  as  the  commis- 
sion may  prescribe. 

(b)  A  public  utility  may  issue  stocks  and  stock  cer- 
tificates, and  bonds,  notes  and  other  evidences  of  indebt- 
edness payable  at  periods  of  more  than  twelve  months 
after  the  date  thereof,  for  the  following  purposes  and  no 
others,  namely :  for  the  acquisition  of  such  property  as  is 
necessary  for  the  proper  conduct  of  its  business,  or  for 
the  construction,  completion,  extension  or  improvement 
of  its  facilities,  or  for  the  improvement  or  maintenance  of 
its  service,  or  for  the  discharge  or  lawful  refunding-  of  its 
obligations,  or  for  the  reimbursement  of  moneys  actually 
expended  from  income  or  from  any  other  moneys  in  the 
treasury  of  the  public  utility  not  secured  by  or  obtained 
from  the  issue  of  stocks  or  stock  certificates,  or  bonds, 
notes  or  other  evidences  of  indebtedness  of  such  public 
utility,  within  five  years  next  prior  to  the  filing  of  an  ap- 
plication with  the  commission  for  the  required  authoriza- 
tion, for  any  of  the  aforesaid  purposes  except  mainte- 
nance of  service  and  replacements,  in  cases  where  the 
applicant  shall  have  kept  its  accounts  and  vouchers  for 
such  expenditures  in  such  manner  as  to  enable  the  com- 
mission to  ascertain  the  amount  of  moneys  so  expended 
and  the  purposes  for  which  such  expenditures  were  made; 
provided,  that  such  public  utility,  in  addition  to  the  other 
requirements  of  law,  shall  first  have  secured  from  the 
commission  an  order  authorizing  such  issue  and  slating 
the  amount  thereof  and  the  purpose  or  purposes  to  which 
the  issue  or  the  proceeds  thereof  are  to  be  applied,  and 
that,  in  the  opinion  of  the  commission,  the  money,  prop- 
erty or  labor  to  be  procured  or  paid  for  by  such  issue  is 
reasonably  required  for  the  purpose  or  purposes  specified 
in  the  order,  and  that,  except  as  otherwise  permitted  in 
the  order  in  the  case  of  bonds,  notes  or  other  evidences  of 

indebtedness;  such  purpose  or  purposes  are  not,  in  whole 
or  in  part,  reasonably  chargeable  to  operating  expenses 

or  to  income.     To  enable  it   to  determine  whether  it  will 


PUBLIC    UTILITIES  2.*> 

issue  such  order,  the  commission  shall  hold  a  hearing  and 
may  make  such  additional  inquiry  or  investigation,  and 
examine  such  witnesses,  books,  papers,  documents  and 
contracts  and  require  the  filing  of  such  data  as  it  may 
deem  of  assistance.  The  commission  may  by  its  order 
grant  permission  for  the  issue  of  such  stocks  or  stock 
certificates,  or  bonds,  notes  or  other  evidences  of  indebt- 
edness in  the  amount  applied  for,  or  in  lesser  amount,  or 
not  at  all,  and  may  attach  to  the  exercise  of  its  permission 
such  condition  or  conditions  as  it  may  deem  reasonable 
and  necessary.  The  commission  may  authorize  issues  of 
bonds,  notes  or  other  evidences  of  indebtedness,  less  than, 
equivalent  to  or  greater  than  the  authorized  or  subscribed 
capital  stock  of  a  public  utility  corporation,  and  the  pro- 
visions of  the  statutes  of  this  State,  in  so  far  as  they  con- 
tain inhibitions  against  the  creation  by  corporations  of 
indebtedness,  evidenced  by  bonds,  notes  or  otherwise,  in 
excess  of  their  total  authorized  or  subscribed  capital  stock 
shall  have  no  application  to  public  utilities.  No  public 
utility  shall,  without  the  consent  of  the  commission,  apply 
the  issue  of  any  stock  or  stock  certificate,  or  bond,  note 
or  other  evidence  of  indebtedness,  or  any  part  thereof,  or 
any  proceeds  thereof,  to  any  purpose  not  specified  in  the 
commission's  order,  or  to  any  purpose  specified  in  the 
commission's  order  in  excess  of  the  amount  authorized 
for  such  purpose,  or  issue  or  dispose  of  the  same  on  any 
terms  less  favorable  than  those  specified  in  such  order, 
or  a  modification  thereof.  A  public  utility  may  issue 
notes,  for  proper  purposes  and  'not  in  violation  of  any 
provision  of  this  act  or  any  other  act,  payable  at  periods 
of  not  more  than  twelve  months  after  the  date  of  issuance 
of  the  same,  without  the  consent  of  the  commission,  but 
no  such  note  shall,  in  whole  or  in  part,  be  refunded  by 
any  issue  of  stocks  or  stock  certificates,  or  of  bonds, 
notes  of  any  term  or  character  or  any  other  evidence  of 
indebtedness,  without  the  consent  of  the  commission.  No 
public  utility  shall  have  power  to  capitalize  any  contract 
for  consolidation,  lease  or  merger,  or  issue  any  bonds, 
notes  or  other  evidences  of  indebtedness  as  a  lien  thereon 
without  the  consent  of  the  commission.  The  commission 
shall  have  no  power  to  authorize  the  capitalization  of  the 
right  to  be  a  corporation,  or  to  authorize  the  capitaliza- 
tion of  any  franchise  or  permit  whatsoever  or  the  right 
to  own,  operate  or  enjoy  any  such  franchise  or  permit, 


lm; 


I'UBLIC    UTILITIES 


Account  for 

-t.ick. 


Stock  not  au- 
tborized,  void. 


ilty  for 

violations 

■  ■■■]■; 

issued. 


in  excess  of  the  amount  (exclusive  <»f  any  tax  or  annual 
charge)  actually  paid  to  tin-  State  or  to  a  political  sub- 
division thereof  as  the  consideration  for  the  grant  of 
such  franchise,  permit  or  right. 

(c)  The  commission  shall  have  the  power  to  require 

public  utilities  to  account  for  the  disposition  of  the  pro- 
ceeds of  all  sales  of  stock  and  stock  certificates,  and 
bonds,  notes  and  other  evidences  of  indebtedness,  in  such 
form  and  detail  as  it  may  deem  advisable,  and  to  estab- 
lish such  rules  and  regulations  as  it  may  deem  reasonable 
and  necessary  to  insure  the  disposition  of  such  proceeds 
for  the  purpose  or  purposes  specified  in  the  order. 

(d)  All  stock  and  every  stock  certificate,  and  every 
bond,  note,  or  other  evidence  of  indebtedness,  of  a  public 
utility,  issued  without  an  order  of  the  commission  author- 
izing the  same  then  in  effect  shall  be  void,  and  likewise 
all  stock  and  every  stock  certificate,  and  every  bond, 
note  or  other  evidence  of  indebtedness,  of  a  public  utility, 
issued  with  the  authorization  of  the  commission  but  not 
conforming  in  its  provisions  to  the  provisions,  if  any. 
which  it  is  required  by  the  order  of  authorization  of  the 
commission  to  contain,  shall  be  void;  but  no  failure  in 
any  other  respect  to  comply  with  the  terms  or  conditions 
of  the  order  of  authorization  of  the  commission  shall 
render  void  any  stock  or  stock  certificate,  or  any  bond, 
note  or  other  evidence  of  indebtedness,  except  as  to  a 
corporation  or  person  taking  the  same  otherwise  than  in 
good  faith  and  for  value  and  without  actual  notice. 

(e)  Every  public  utility  which,  directly  or  indirectly, 
issues  or  causes  to  be  issued,  any  stock  or  stock  certifi- 
cate, or  bond,  note  or  other  evidence  of  indebtedness,  in 
non-conformity  with  the  order  of  the  commission  author- 
izing the  same,  or  contrary  to  the  provisions  of  this  act, 
or  of  the  constitution  of  this  State,  or  which  applies  the 
proceeds  from  the  sale  thereof,  or  any  part  thereof,  to 
any  purpose  other  than  the  purpose  or  purposes  specified 
in  the  commission's  order,  as  herein  provided,  or  to  any 
purpose  specified  in  the  commission's  order  in  excess  of 
the  amount  in  said  order  authorized  for  such  purposes, 
is  subject  to  a  penalty  of  not  more  than  twenty  thousand 
dollars  for  each   offense. 


PUBLIC    UTILITIES  -< 

(f)  Every  officer,  agent  or  employee  of  a  public  util- 
ity, and  every  other  person   who  knowingly   authorizes,  violating  order 
directs,  aids  in  issuing  or  executes,  or  causes  to  be  issued  of  commission 
or  executed,  any  stock  or  stock  certificate,  or  bond,  note  ,elony- 

or  other  evidence  of  indebtedness,  in  non-conformity  with 
the  order  of  the  commission  authorizing  the  same.  Or 
contrary  to  the  provisions  of  this  act,  or  of  the  constitu- 
tion of  this  State,  or  who,  in  any  proceeding  before  the 
commission,  knowingly  makes  any  false  statement  or  rep- 
resentation or  with  knowledge  of  its  falsity  files  or  causes 
to  be  filed  with  the  commission  any  false  statement  or 
representation,  which  said  statement  or  representation 
so  made,  filed  or  caused  to  be  filed  may  tend  in  any  way 
to  influence  the  commission  to  make  an  order  authorizing 
the  issue  of  any  stock  or  stock  certificate,  or  any  bond, 
note  or  other  evidence  of  indebtedness,  or  which  results 
in  procuring  from  the  commission  the  making  of  any 
such  order,  or  who,  with  knowledge  that  any  false  state- 
ment or  representation  was  made  to  the  commission,  in 
any  proceeding,  tending  in  any  way  to  influence  the 
commission  to  make  such  an  order,  issues  or  executes  or 
negotiates,  or  causes  to  be  issued,  executed  or  negotiated 
any  such  stock  or  stock  certificates,  or  bond,  note  or 
other  evidence  of  indebtedness,  or  who,  directly  or  in- 
directly, knowingly  applies,  or  causes  or  assists  to  be  ap- 
plied the  proceeds  or  any  part  thereof,  from  the  sale  of 
any  stock  or  stock  certificate,  or  bond,  note  or  other  evi- 
dence of  indebtedness,  to  any  purpose  not  specified  in  the 
commission's  order,  or  to  any  purpose  specified  in  the 
commission's  order  in  excess  of  the  amount  authorized 
for  such  purpose,  or  who,  with  knowledge  that  any  stock 
or  stock  certificate,  or  bond,  note  or  other  evidence  of  in- 
debtedness, has  been  issued  or  executed  in  violation  of 
any  of  the  provisions  of  this  act,  negotiates,  or  causes  the 
same  to  be  negotiated,  shall  be  guilty  of  a  felony,  and 
punished  accordingly. 

(g)  Xo  provision  of  this  act,  and  no  deed  or  act  done 

or  performed  under  or  in  connection  therewith  shall   be   state  not 
held  or  construed  to  obligate  the  State  of  Colorado  to  obligated. 
pay  or  guarantee,  in  any  manner  whatsoever,  any  stock 
or  stock  certificate,  or  bond,  note  or  other  evidence  of 
indebtedness,   authorized,   issued   or  executed   under  the 
provisions  of  this  act. 


28 


IMI'.l.ie    UTILITIES 


Stock  void 
without  order 
•  >t  commission. 


Rules  for 

healings. 


Issue  writs 
of  summons, 
subpoenas, 
etc. 


Administer 
oaths,  compel 
attendance  of 
witnesses, 
production  of 
etc. 


ilii  All  slocks  and  slock  certificates,  and  bonds, 
notes  and  other  evidences  of  indebtedness  issued  by  any 

public  utility  after  this  act  takes  effeet,  upon  the  author- 
ity of  any  articles  of  incorporation  or  amendments  there 
to  or  vote  of  the  stockholders  or  directors  filed,  taken  or 
had.  or  other  proceedings  taken  or  had,  previous  to  the 
taking  effect  of  this  net,  shall  be  void,  unless  an  order  of 
the  commission  authorizing  the  issue  of  such  stocks  or 
stock  certificates,  or  bonds,  notes  or  other  evidences  of 
indebtedness  shall  have  been  obtained  from  the  commis- 
sion prior  to  such  issue.  The  commission  may  by  its  or- 
der impose  such  condition  or  conditions  as  it  may  deem 
reasonable  and  necessary. 

Section  38,  All  hearings  and  investigations  before 
the  commission  or  any  commissioner  shall  be  governed 
by  this  act  and  by  rules  of  practice  and  procedure  to  be 
adopted  by  the  commission,  and  in  the  conduct  thereof 
neither  the  commission  nor  any  commissioner  shall  be 
bound  by  the  technical  rules  of  evidence.  No  informal- 
ity in  any  proceeding  or  in  the  manner  of  taking  testi- 
mony before  the  commission  or  any  commissioner  shall 
invalidate  any  order,  decision,  rule  or  regulation  made, 
approved  or  confirmed  by  the  commission. 

Section  39.  The  commission  and  each  commissioner 
shall  have  power  to  issue  writs  of  summons,  subpoenas, 
warrants  of  attachment,  warrants  of  commitment  and  all 
necessary  process  in  proceedings  for  contempt,  in  the  like 
manner  and  to  the  same  extent  as  courts  of  record.  The 
process  issued  by  the  commission,  or  any  commissioner, 
shall  extend  to  all  parts  of  the  State  and  may  be  served 
by  any  person  authorized  to  serve  process  of  courts  of 
record,  or  by  any  person  designated  for  that  purpose  by 
the  commission  or  a  commissioner.  The  person  execut- 
ing any  such  process  shall  receive  such  compensation  as 
may  be  allowed  by  the  commission,  not  to  exceed  the  fees 
now  prescribed  by  law  for  similar  services,  and  such 
fees  shall  be  paid  in  the  same  manner  as  provided  herein 
for  payment  of  the  fees  of  witnesses. 

Section  40.  (a)  The  commission  and  each  commis- 
sioner, shall  have  power  to  administer  oaths,  certify  to  all 
official  acts,  and  to  issue  subpoenas  for  the  attendance  of 
witnesses  and  the  production  of  papers,  waybills,  books, 
accounts,  documents  and  testimony  in  any  inquiry,  inves- 


PUBLIC    UTILITIES  29 

tigation,  hearing  or  proceeding  in  any  part  of  the  State.. 
Each  witness  who  shall  appear,  by  order  of  the  commis- 
sion or  a  commissioner,  shall  receive  for  his  attendance 
the  same  fees  and  mileage  allowed  by  law  to  a  witness  in 
civil  cases,  which  amount  shall  be  paid  by  the  party  at 
whose  request  such  witness  is  subpoenaed.  When  any 
witness  who  has  not  been  required  to  attend  at  the  re- 
quest of  any  party  shall  be  subpoenaed  by  the  commis- 
sion, his  fees  and  mileage  shall  be  paid  from  the  funds 
appropriated  for  the  use  of  the  commission  in  the  same 
manner  as  other  expenses  of  the  commission  are  paid. 
Any  witness  subpoenaed  except  one  whose  fees  and  mile- 
age may  be  paid  from  the  funds  of  the  commission,  may, 
at  the  time  of  service,  demand  the  fees  to  which  he  is  en- 
titled for  travel  to  and  from  the  place  at  which  he  is  re- 
quired to  appear,  and  one  day's  attendance.  If  such  wit- 
ness demands  such  fees  at  the  time  of  service,  and  they 
are  not  at  that  time  paid  or  tendered,  he  shall  not  be  re- 
quired to  attend  before  the  commission  or  commissioner, 
as  directed  in  the  subpoena.  All  fees  and  mileage  to 
which  any  witness  is  entitled  under  the  provisions  of  this 
section  may  be  collected  by  action  therefor  instituted  by 
the  person  to  whom  such  fees  are  payable.  No  witness 
furnished  with  free  transportation  shall  receive  mileage 
for  the  distance  he  may  have  traveled  on  such  free  trans- 
portation. 

(b)  The  district  court  in  and  for  the  county,  or  city 
and  county,  in  which  any  inquiry,  investigation,  hearing  District  court 
or  proceeding  may  be  held  by  the  commission  or  any  com-  may  compel 
missioner  shall  have  the  power  to  compel  the  attendance 
of  witnesses,  the  giving  of  testimony  and  the  production 
of  papers,  including  waybills,  books,  accounts  and  docu- 
ments, as  required  by  any  subpoenas  issued  by  the  com- 
mission or  any  commissioner.  The  commission  or  the 
commissioner  before  whom  the  testimony  is  to  be  given  or 
produced,  in  case  of  the  refusal  of  any  witness  to  attend 
or  testify  or  produce  any  papers  required  by  such  sub- 
poena, may  report  to  the  district  court  in  and  for  the 
county,  or  city  and  county,  in  which  the  proceeding  is 
pending,  by  petition,  setting  forth  that  due  notice  has 
been  given  of  the  time  and  place  of  attendance  of  said 
witness,  or  the  production  of  said  papers,  and  that  the 
witness  has  been  summoned  in  the  manner  prescribed  in 


attendance  of 
witnesses,  etc. 


::o 


PUBLIC    UTILITIES 


Certil 

documents 
evidence. 


Orders  under 

Sections  27. 
28,  35,  36  or  37 
in  writing. 


<  lollect  fees. 


this  act,  ;iik1  thai  the  witness  bus  failed  and  refused  t<> 
attend  or  produce  the  papers  required  by  the  subpoena, 
<»r  has  refused  to  answer  questions  propounded  to  him  in 

the  course  of  such  proceeding,  and  ;isk  an  order  of  said 
court,  compelling  the  witness  to  attend  and  testify  or  pro- 
duce or  cause  to  lx?  produced  documentary  evidence;  pro- 
dded, that  no  person  so  testifying  shall  be  exempt  from 
prosecution  or  punishment  for  any  perjury  committed  by 
him  in  his  testimony.  Nothing  herein  contained  shall  be 
construed  as  in  any  manner  giving  to  any  public  utility 
immunity  of  any  kind. 

Section  41.  (a  I  Copies  of  all  official  documents  and 
orders  filed  or  deposited  according  to  law  in  the  office  of 
the  commission,  certified  by  a  commissioner  or  by  the 
secretary  under  the  official  seal  of  the  commission  to  be 
true  copies  of  the  originals,  shall  be  evidence  in  like  man- 
ner as  the  originals. 

(b)  Every  order,  authorization  or  certificate  issued 
or  approved  by  the  commission  under  any  provision  of 
sections  27.  28,  35,  •*!('»  or  37  of  this  act  shall  be  in  writing 
and  entered  on  the  records  of  the  commission.  Any  such 
order,  authorization  or  certificate,  or  a  copy  thereof,  or  a 
copy  of  the  record  of  any  such  order,  authorization  or 
certificate,  certified  by  a  commissioner  or  by  the  secretary 
under  the  official  seal  of  the  commission  to  be  a  true  copy 
of  the  original  order,  authorization,  certificate  or  entry, 
may  be  recorded  in  the  office  of  the  recorder  of  any 
county,  or  city  and  comity,  in  which  is  located  the  prin- 
cipal place  of  business  of  any  public  utility  affected  there- 
by, or  in  which  is  situated  any  property  of  any  such  pub- 
lic utility,  and  such  record  shall  impart  notice  of  its  pro- 
visions to  all  persons.  A  certificate  under  the  seal  of  the 
commission  that  any  such  order,  authorization  or  certifi- 
cate has  not  been  modified,  stayed,  suspended  or  revoked 
may  also  be  recorded  in  the  same  offices  in  the  same  man- 
ner and  with  like  effect. 

Section  42.  The  commission  shall  charge  and  collect 
the  following  fees:  for  copies  of  papers  and  records  not 
required  to  be  certified  or  otherwise  authenticated  by  the 
commission,  twelve  and  one-half  cents  for  each  folio;  for 
cci  lifted  copies  of  official  documents  and  orders  filed  in 
its  office,  fifteen  cents  for  each  folio  and  one  dollar  for 
every  certificate  under  seal  atlixed  thereto;  for  certifvine 


PUBLIC    UTILITIES  31 

a  copy  of  any  report  made  by  a  public  utility,  two  dol- 
lars; for  each  certified  copy  of  the  annual  report  of  the 
commission,  one  dollar  and  fifty  cents;  for  certified  copies 
of  evidence  and  proceedings  before  the  commission,  fif- 
teen cents  for  each  folio;  for  certificate  authorizing  an 
issue  of  bonds,  notes  or  other  evidences  of  indebtedness, 
one  dollar  for  each  thousand  dollars  of  the  face  value  of 
the  authorized  issue  or  fraction  thereof  up  to  one  million 
dollars,  and  fifty  cents  for  each  one  thousand  dollars 
over  one  million  dollars  and  up  to  ten  million  dollars, 
and  twenty-five  cents  for  each  one  thousand  dollars  over 
ten  million  dollars  with  a  minimum  fee  in  any  case  of 
fifty  dollars;  provided,  that  no  fee  shall  be  required  when 
such  issue  is  made  for  the  purpose  of  guaranteeing,  tak- 
ing over,  refunding,  discharging  or  retiring  any  bond, 
note  or  other  evidence  of  indebtedness  up  to  the  amount 
of  the  issue  guaranteed,  taken  over,  refunded,  discharged 
or  retired.  No  fees  shall  be  charged  or  collected  for 
copies  of  papers,  records  or  official  documents,  furnished 
to  public  officers  for  use  in  their  official  capacity,  or 
for  the  annual  reports  of  the  commission  in  the  ordinary 
course  of  distribution,  but  the  commission  may  fix  reason- 
able charges  for  publications  issued  under  its  authority. 
All  fees  charged  and  collected  under  this  section  shall  be 
paid,  at  least  once  each  w^ek,  accompanied  by  a  detailed 
statement  thereof,  into  the  treasury  of  the  State  to  the 
credit  of  a  fund  to  be  known  as  "The  Public  Utility  Com- 
mission Fund"  which  fund  is  hereby  created  and  appro- 
priated toward  the  payment  of  the  salaries  and  expenses 
of  the  commission,  as  provided  in  Section  10  (a)  and  (bj 
of  this  act. 

Section  13.    The  commission,  each  commissioner  and 
each  officer  and  person  employed  by  the  commission  shall   Right  to 
have  the  right,  at  any  and  all  times,  to  inspect  the  ac-  inspect 
counts,  books,  papers  and  documents  of  any  public  utility,  accounts 
and  the  commission,  each  commissioner  and  any  officer 
of  the  commission  or  any  employee  authorized  to  admin- 
ister oaths  shall  have  the  power  to  examine  under  oath 
any  officer,  agent  or  employee  of  such  public  utility  in 
relation  to  the  business  and  affairs  of  said  public  utility ; 
provided,  that  any  person  other  than  a  commissioner  or 
an  officer  of  the  commission  demanding  such  inspection 
shall  produce  under  the  hand  and  seal  of  the  commission 


:\-2 


IMBLIO    UTILITIES 


( >rder  books, 
accounts  or 
verified  copies 
Of  same,  from 
without  the 
State. 


Complaints. 
how  made. 


liis  authority  to  make  such  inspection;  and  provided  fur- 
ther, that  a  written  record  of  the  testimony  or  statement 

so   given    under   oath    shall    he   made   and   filed   with    the 
commission. 

Section  44.  The  commission  may  require,  by  order 
served  on  any  puhlie  utility  in  the  manner  provided  here- 
in for  the  service  of  orders,  the  production  within  this 
State  at  such  time  and  place  as  it  may  designate,  of  any 
hooks,  accounts,  papers  or  records  kept  by  said  public 
utility  in  any  office  or  place  without  this  State,  or,  at  its 
option,  verified  copies  in  lieu  thereof,  so  that  an  examina- 
tion thereof  may  be  made  by  the  commission  or  under  its 
direction. 

Section  45.  Complaint  may  be  made  by  the  commis- 
sion of  its  own  motion  or  by  any  corporation  or  person, 
chamber  of  commerce,  board  of  trade,  or  any  civic,  com- 
mercial, mercantile,  traffic,  agricultural  or  manufacturing 
association  or  organization  or  any  body  politic  or  munici- 
pal corporation,  by  petition  or  complaint  in  writing, 
setting  forth  any  act  or  thing  done  or  omitted  to  be  done 
by  any  public  utility  including  any  rule,  regulation  or 
charge  heretofore  established  or  fixed  by  or  for  any  pub- 
lic utility,  in  violation,  or  claimed  to  be  in  violation,  of 
any  provision  of  law  or  of  any^order  or  rule  of  the  com- 
mission; provided,  that  no  complaint  shall  be  entertained 
by  the  commission,  except  upon  its  own  motion,  as  to  the 
reasonableness  of  any  rates,  or  charges  of  any  gas,  elec- 
trical, water,  or  telephone  corporations,  unless  the  same 
]>e  signed  by  the  mayor  or  the  president  or  chairman  of 
the  board  of  trustees  or  a  majority  of  the  council,  com- 
mission, or  other  legislative  body  of  the  county,  city  and 
county,  or  city  or  town,  if  any.  within  which  the  alleged 
violation  occurred,  or  not  less  than  twenty-five  consumers 
or  purchasers  or  prospective  consumers  or  purchasers,  of 
such  gas,  electrical,  water  or  telephone  service.  All  mat 
ters  upon  which  complaint  may  he  founded  may  he  joined 
in  one  hearing,  and  no  motion  shall  he  entertained  against 
;i  complain!  for  misjoinder  of  causes  of  action  or  griev- 
ances or  misjoinder  or  non-joinder  of  parties;  and  in  any 
review  by  the  courts  of  orders  or  decisions  of  the  commis- 
sion the  same  rule  shall  apply  with  regard  to  the  joinder 
of  causes  and  parties  as  herein  provided,  The  commis- 
sion shall  not   he  required  to  dismiss  any  complaint  be- 


PUBLIC    UTILITIES  33 

cause  of  the  absence  of  direct  damage  to  the  complainant. 
Upon  the  filing-  of  a  complaint  the  commission  shall  cause 
a.  copy  thereof  to  be  served  upon  the  corporation  or  per- 
son complained  of.  Service  in  all  hearings,  investiga- 
tions and  proceedings  pending  before  the  commission  may 
be  made  upon  any  person  upon  whom  a  summons  may  be 
served  in  accordance  with  the  provisions  of  the  Code  of 
Civil  procedure  of  this  State,  and  may  be  made  personally 
or  by  mailing  in  a  sealed  envelope,  registered,  with  post- 
age prepaid.  The  commission  shall  fix  the  time  when  and 
place  where  a  hearing  will  be  had  upon  the  complaint 
and  shall  serve  notice  thereof,  not  less  than  ten  days  be- 
fore the  time  set  for  such  hearing,  unless  the  commission 
shall  find  that  public  necessity  requires  that  such  a  hear- 
ing be  held  at  an  earlier  date. 

Section  46.  At  the  time  fixed  for  any  hearing  before 
the  commission  or  a  commissioner,  or  at  the  time  to  which  Hearings. 
the  same  may  have  been  continued,  the  complainant  and 
the  corporation  or  person  complained  of,  and  such  corpo- 
rations or  persons  as  the  commission  may  allow  to  inter- 
vene, shall  be  entitled  to  be  heard  and  to  introduce  evi- 
dence. The  commission  shall  issue  process  to  enforce  the 
attendance  of  all  necessary  witnesses.  After  the  conclu- 
sion of  the  hearing,  the  commission  shall  make  and  file 
its  order,  containing  its  decision.  A  copy  of  such  order, 
certified  under  the  seal  of  the  commission  shall  be  served 
upon  the  corporation  or  person  complained  of,  or  his  or 
its  attorney.  Said  order,  except  an  order  for  the  pay- 
ment of  money,  shall,  of  its  own  force,  take  effect  and 
become  operative  twenty  days  after  the  service  thereof, 
except  as  otherwise  provided,  and  shall  continue  in  force 
either  for  a  period  which  may  be  designated  therein  or 
until  changed  or  abrogated  by  the  commission.  If  an 
order  cannot  in  the  judgment  of  the  commission  be  com- 
plied with  within  twenty  days,  the  commission  may  grant 
and  prescribe  such  additional  time  as  in  its  judgment  is 
reasonably  necessary  to  comply  with  the  order,  and  may, 
on  application  and  for  good  cause  shown,  extend  the  time 
for  compliance  fixed  in  its  order.  A  full  and  complete 
record  of  all  proceedings  had  before  the  commission  or 
any  commissioner  on  any  formal  hearing  had.  and  all 
testimony  shall  be  taken  down  by  a  reporter  appointed 
by  the  commission,  and  the  parties  shall  be  entitled  to  be 


34 


[•I  BLIC    UTILITIES 


Utilities 
right  to 
complain. 


Hearing  on 
schedule  of 
rates  filed. 


heard  in  persoo  or  by  attorney.  In  case  of  an  action  to 
review  an  order  or  decision  of  the  commission,  a  tran- 
script  of -such    testimony,   together   with   all   exhibits  or 

copies  thereof  introduced  and  all  information  secured  by 
the  commission  on  iis  own  initiative  and  considered  by  it 
in  rendering  its  order  or  decision,  and  the  pleadings,  rec- 
ord and  proceedings  in  the  case,  shall  constitute  the  rec- 
ord of  the  commission;  provided,  that  on  review  of  an 
order  or  decision  of  the  commission,  the  petitioner  and 
the  commission  may  stipulate  that  a  certain  question  or 
questions  alone  and  a  special  portion  only  of  the  evidence 
shall  be  certified  to  the  supreme  court  for  its  judgment, 
whereupon  such  stipulation  and  the  question  or  questions 
and  the  evidence  therein  specified  shall  constitute  the  rec- 
ord on  review. 

Section  47.  Any  public  utility  shall  have  a  righl  to 
complain  on  any  grounds  upon  which  complaints  are  al- 
lowed to  be  filed  by  other  parties,  and  the  same  procedure 
shall  be  adopted  and  followed  as  in  other  cases,  except 
that  the  complaint  may  be  heard  ex  parte  by  the  commis- 
sion or  may  be  served  upon  any  parties  designated  by  the 
commission. 

Section  48.  Whenever  there  shall  be  filed  with  the 
commission  any  schedule  stating  an  individual  or  joint 
rate.  fare.  toll,  rental,  charge,  classification,  contract, 
practice,  rule  or  regulation,  the  commission  shall  have 
power,  and  it  is  hereby  given  authority,  either  upon  com- 
plaint or  upon  its  own  initiative  and  without  complaint, 
ai  once,  and  if  il  so  orders,  without  answer  or  other  for- 
mal pleadings  by  the  interested  public  utilities,  but  upon 
reasonable  notice  to  enter  upon  a  hearing  concerning  the 
propriety  of  such  rale.  fare,  toll,  rental,  charge,  classifi- 
cation, contract,  practice,  rule  or  regulation,  and  pending 
the  hearing  and  the  decision  thereon,  such  rate,  fare,  toll, 
rental,  charge,  classification,  contract,  practice,  rule  or 
regulation  shall  not  go  into  effect;  provided,  that  the  pe- 
riod of  suspension  of  such  rate,  fare,  toll,  rental,  charge, 
classification,  contract,  practice,  rule,  or  regulation  shall 
not  extend  beyond  one  hundred  and  twenty  days  beyond 
the  time  when  such  rale,  fare,  toll,  rental,  charge,  classi 
ticaiion.  contract,  practice,  rule  or  regulation  would 
otherwise  go  into  effect   unless  the  coniui'ission,  in   its  (lis 

cretion,  extends  the  period  of  suspension   for  a  further 


PUBLIC    UTILITIES 


35 


period  not  exceeding  six  months.  On  such  hearing  the 
commission  shall  establish  the  rates,  fares,  tolls,  rules  or 
regulations  proposed,  in  whole  or  in  part,  or  others  in  lieu 
thereof,  which  it  shall  find  just  and  reasonable.  All  such 
rates,  fares,  tolls,  rentals,  charges,  classifications,  con- 
tracts, practices,  rules  or  regulations  uot  so  suspended 
shall,  on  the  expiration  of  thirty  days  from  the  time  of 
filing  the  same  with  the  commission,  or  of  such  lesser 
lime  as  the  commission  may  grant,  go  into  effect  and  be 
the  established  and  effective  rates,  fares,  tolls,  rentals, 
charges,  classifications,  contracts,  practices,  rules  and  reg- 
ulations, subject  to  the  power  of  the  commission,  after  a 
hearing  had  on  its  own  motion  or  upon  complaint,  as 
herein  provided,  to  alter  or  modify  the  same. 

Section  40.     The  commission  may  at  any  time  upon 
notice  to  the  public  utility  affected,  and  after  opportunity   upon  notice 
to  be  heard  as  provided  in  the  case  of  complaints,  rescind,  and  a  hearing, 
alter  or  amend  any  order  or  decision  made  by  it.     Any   chan%e 

.,  .     -..  •  .  ,.  .   •  ,  any  order. 

order  rescinding,  altering,  or  amending  a  prior  order  or 
decision  shall,  when  served  upon  the  public  utility  af- 
fected, have  the  same  effect  as  is  herein  provided  for  orig- 
inal orders  and  decisions. 

Section  50.     In  all  collateral  actions  or  proceedings,   collateral 
the  orders  and  decisions  of  the  commission  which  have  be-  actions. 
come  final  shall  be  conclusive. 

Section  51.  After  any  order  or  decision  has  been 
made  by  the  commission,  any  party  to  the  action  or  pro-  interested 
ceeding  or  any  stockholder  or  bond-holder  or  other  party  party  may 
pecuniarily  interested  in  the  public  utility  affected,  may 
apply  for  a  rehearing  in  respect  to  any  matters  determined 
in  said  action  or  proceeding  and  specified  in  the  applica- 
tion for  rehearing,  and  the  commission  may  grant  and 
hold  such  rehearing  on  said  matters,  if  in  its  judgment 
sufficient  reason  therefor  be  made  to  appear.  No  cause 
of  action  arising  out  of  any  order  or  decision  of  the  coin- 
mission  shall  accrue  in  any  court  to  any  corporation  or 
person  unless  such  corporation  or  person  shall  have  made, 
before  the  effective  date  of  said  order  or  decision,  appli- 
cation to  the  commission  for  a  rehearing.  Such  applica- 
tion shall  set  forth  specifically  the  ground  or  grounds  on 
which  the  applicant  considers  said  decision  or  order  un- 
lawful. No  corporation  or  person  shall  in  any  court  urge 
or  rely  ob  any  ground  not  set  forth  in  said  application. 


ask  for  re- 
hearing. 


:!li  PUBLIC    UTILITIES 

Any  application  for  a  rehearing  made  ten  days  <>r  more 
before  tlu'  effective  date  of  the  order  as  to  which  a  re- 
hearing  is  sought,  sliall  be  either  granted  or  denied  be- 
fore sucli  effective  date,  or  the  order  shall  stand  sus- 
pended until  such  application  is  granted  or  denied.  Any 
application  for  a  rehearing  made  within  less  than  ten 
days  of  the  effective  date  of  the  order  as  to  which  a  re- 
in aring  is  sought  and  not  granted  within  twenty  days 
may  be  taken  by  the  party  making  the  application  to  be 
denied,  unless  the  effective  date  of  the  order  is  extended 
for  the  period  of  the  pendency  of  the  application.  If  any 
application  for  a  rehearing  be  granted  without  a  suspen- 
sion of  the  order  involved,  the  commission  shall  forthwith 
proceed  to  hear  the  matter  with  all  dispatch  and  shall  de- 
termine the  same  within  twenty  days  after  final  submis- 
sion, and  if  such  determination  is  not  made  within  said 
time  it  may  be  taken  by  any  party  to  the  rehearing  that 
the  order  involved  is  affirmed.  Any  application  for  re- 
hearing shall  not  excuse  any  corporation  or  person  from 
complying  with  and  obeying  any  order  or  decision,  or  any 
requirement  of  any  order  of  the  commission  theretofore 
made,  or  operate  in  any  manner  to  stay  or  postpone  the 
enforcement  thereof  except  in  such  cases  and  upon  such 
terms  as  the  commission  may  by  order  direct.  If  after 
such  rehearing  a  consideration  of  all  the  facts,  including 
those  arising  since  the  making  of  the  order  or  decision, 
the  commission  shall  be  of  the  opinion  that  the  original 
order  or  decision  or  any  part  thereof  is  in  any  respect 
unjust  or  unwarranted,  or  should  be  changed,  the  com- 
mission may  abrogate,  change,  or  modify  the  same.  An 
order  or  decision  made  after  such  rehearing,  abrogating, 
•  •hanging  or  modifying  the  original  order  or  decision 
shall  have  the  same  force  and  effect  as  an  original  order 
or  decision,  but  shall  not  alfect  any  right  or  the  enforce- 
ment of  any  right  arising  from  or  by  virtue  of  the  orig- 
inal order  or  decision  unless  so  ordered  by  the  commis- 
sion. 

Section  5#.     Within  thirty  days  after  the  application 
Apply  to  for  a  rehearing  is  denied,  or.  if  the  application  is  granted, 

Supreme  Court      then  within  thirty  (lays  after  the  rendition  of  the  decision 

ror  writ  of  on   rehearing,  the  applicani   may  apply  to  the  supreme 

court  of  this  State  for  a  writ  of  review  for  the  purpose  of 
having  the  law  fulness  of  the  original  Order  or  decision  on 


PUBLIC    UTILITIES  37 

rehearing  inquired  into  and  determined.  Such  writ  shall 
be  made  returnable  not  later  than  thirty  days  after  the 
date  of  issuance  thereof  and  shall  direct  the  commission 
to  certify  its  record  in  the  case  to  the  court.  On  the  re- 
turn day,  the  cause  shall  be  heard  by  the  supreme  court, 
unless  for  a  good  reason  shown  the  same  be  continued. 
Xo  new  or  additional  evidence  may  be  introduced  in  the 
supreme  court,  but  the  cause  shall  be  heard  on  the  record 
of  the  commission  as  certified  by  it.  The  review  shall  not 
extend  further  than  to  determine  whether  the  Commis- 
sion has  regularly  pursued  its  authority,  including  a  de- 
termination of  whether  the  order  or  decision  under  re- 
view violates  any  right  of  the  petitioner  under  the  Con- 
stitution of  the  United  States  or  of  the  State  of  Colorado, 
and  whether  the  order  of  the  Commission  is  just  and  rea- 
sonable and  whether  its  conclusions  are  in  accordance 
with  the  eyidence.  The  findings  and  conclusions  of  the 
Commission  on  disputed  questions  of  fact  shall  be  final 
and  shall  not  be  subject  to  review.  The  commission  and 
each  party  to  the  action  or  proceeding  before  the  com- 
mission shall  have  the  right  to  appear  in  the  review  pro- 
ceeding. Upon  hearing,  the  supreme  court  shall  enter 
judgment  either  affirming,  setting  aside  or  modifying  the 
order  or  decision  of  the  commission.  The  provisions  of 
the  Code  of  Civil  Procedure  of  this  State  relating  to  writs 
of  review  shall  so  far  as  applicable  and  not  in  conflict 
with  the  provisions  of  this  act,  apply  to  proceedings  had 
in  the  supreme  court  under  the  provisions  of  this  section. 
Xo  court  of  this  State  ( except  the  supreme  court  to  the 
extent  herein  specified)  shall  have  jurisdiction  to  review, 
reverse,  correct  or  annul  any  order  or  decision  of  the 
commission  or  to  suspend  or  delay  the  execution  or  opera- 
tion thereof,  or  to  enjoin,  restrain,  or  interfere  with  the 
commission  in  the  performance  of  its  official  duties ;  pro- 
vided that  the  writ  of  mandamus  shall  lie  from  the  su- 
preme court  to  the  commission  in  all  proper  cases. 

Section  53.     (a)    The  pendency  of  a  writ  of  review 
shall  not  of  itself  stay  or  suspend  the  operation  of  the  supreme  Court 
order  or  decision  of  the  commission,  but  during  the  pen-   may  stay 
demy  of  such  writ,  the  supreme  court  in  its  discretion  commissions 
may  stay  or  suspend,  in  whole  or  in  part,  the  operation 
of  the  commission's  order  or  decision. 


order. 


bond  filed. 


38  PUBLIC    UTILITIES 

(b)  No  order  so  staying  or  suspending  an  order  or 
.  ,,„.           decision  of  the  commission  shall  be  made  otherwise  than 

upon  three  days"  notice  and  after  hearing,  and  it'  Hie  or- 
order.  (](,j.  or  decision  of  the  commission  is  suspended,  ilie  order 

suspending  the  same  shall  contain  a  specific  finding  based 
upon  evidence  submitted  t<>  the  court  and  identified  by 
reference  thereto,  thai  great  or  irreparable  damage  would 
otherwise  result  to  the  petitioner  and  specifying  ihe  na- 
ture of  the  damage. 

(c)  In  case  the  order  or  decision  of  the  commission  is 
slaved  or  suspended,  the  order  of  the  court  shall  not  be- 

,r,li  fiiL'.i^  come  effective,  until   a   suspending-  bond  shall  first  have 

been  filed  with,  and  approved  by  the  commission  (or  ap- 
proved on  review  by  the  supreme  court),  payable  to  the 
State  of  Colorado,  and  sufficient  in  amount  and  security 
to  insure  the  prompt  payment,  by  the  party  petitioning 
for  the  review,  of  all  damages  caused  by  the  delay  in  the 
enforcement  of  the  older  or  decision  of  the  commission, 
and  of  all  moneys  which  any  person  or  corporation  may  be 
compelled  to  pay  pending  the  review  proceedings,  for 
transportation,  transmission,  product,  commodity  or  serv- 
ice in  excess  of  the  charges  lixed  by  the  order  or  decision 
of  the  commission  in  case  said  order  or  decision  is  sus- 
tained. The  supreme  court,  in  case  it  stays  or  suspends 
the  order  or  decision  of  the  commission  in  any  matter  af- 
fecting rates,  fares,  tolls,  rentals,  charges  or  classifica- 
tions, shall  also  by  order  direct  the  public  utility  affected 
to  pay  into  court  from  time  to  time,  there  to  be  im- 
pounded until  the  final  decision  of  the  case,  or  into  some 
bank  or  trust  company  paying  interest  on  deposits,  under 
such  conditions  as  the  court  may  prescribe,  all  sums  of 
money  which  it  may  collect  from  any  corporation  or  per- 
son in  excess  of  the  sum  such  corporation  or  person  would 
have  been  compelled  to  pay  if  the  order  or  decision  of  the 
commission  had  not   been  stayed  or  suspended. 

I'd)  In  case  the  supreme  court  slays  or  suspends  any 
order  or  decision  lowering  any  rate,  fare,  toll,  rental. 
charge  or  classification,  the  commission,  upon  the  execu- 
tion and  approval  of  said  suspending  bond,  shall  forth- 
with require  the  public  utility  affected,  under  penalty  of 
the  immediate  enforcement  of  the  order  or  decision  of  the 
commission  i  pending  review  and  notwithstanding  the  sus- 
pending order  i    keep  such   accounts,   verified   by  oath,  as 


Recounts 

n-nding 


iTr.i.ic 


TILITIES 


:;'.) 


may,  in  the  judgment  of  the  commission  suffice  to  show 
the  amounts  being  charged  or  received  by  such  public 
utility,  pending  review,  in  excess  of  the  charges  allowed 
by  the  order  or  decision  of  the  commission,  together  with 
the  names  and  addresses  of  the  corporations  or  persons 
to  whom  overcharges  will  be  refundable  in  case  the 
charges  made  by  the  public  utility,  pending  review,  be 
not  sustained  by  the  supreme  court.  The  court  may, 
from  time  to  time,  require  said  party  petitioning  for  a 
review  to  give  additional  security  on,  or  to  increase  the  Additional 
said  suspending  bond,  whenever  in  the  opinion  of  the  security. 
court  the  same  may  be  necessary  to  insure  the  prompt 
payment  of  said  damages  and  said  overcharges.  Upon 
the  final  decision  by  the  supreme  court,  all  moneys  which 
the  public  utility  may  have  collected,  pending  the  appeal 
in  excess  of  those  authorized  by  such  final  decision,  to- 
gether with  interest,  in  case  the  court  ordered  the  de- 
posits of  such  moneys  in  a  bank  or  trust  company,  shall 
be  promptly  paid  to  the  corporations  or  persons  entitled 
thereto,  in  such  manner  and  through  such  methods  of  dis- 
tribution as  may  be  prescribed  by  the  commission.  If 
any  moneys  shall  not  have  been  claimed  by  the  corpora- 
tions or  persons  entitled  thereto  within  one  year  from  the  Moneys  not 
final  decision  of  the  supreme  court,  the  commission  shall  claimed 
cause  notice  to  such  corporations  or  persons  to  be  given  advertised, 
by  publication  once  a  week  for  two  successive  weeks  in 
a  newspaper  of  general  circulation,  printed  and  published 
in  the  city  and  county  of  Denver  and  such  other  news- 
papers as  may"  be  designated  by  the  commission,  said  no- 
tice to  state  the  names  of  the  corporations  or  persons  en- 
titled to  such  moneys  and  the  amount  due  each  corpora- 
tion or  person.  All  moneys  not  claimed  within  three 
months  after  publication  of  said  notice  shall  be  paid  by 
the  public  utility,  under  the  direction  of  the  commission, 
into  the  state  treasury  for  the  benefit  of  the  general  fund. 

Section  54.     All  actions  and  proceedings  under  this 
act,  and  all  actions  or  proceedings  to  which  the  commis-   preference 
siou  or  the  people  of  the  State  of  Colorado  may  be  parties,   over  other 
and  in  which  any  question  arises  under  this  act,  or  under  causes- 
or  concerning  any  order  or  decision  of  1  lie  commission, 
shall  be  preferred  over  all  other  civil  causes  except  elec 
tion  causes  and  shall  be  heard  and  determined  in  prefer- 
ence to  all  other  civil  business  except  election  causes,  ir- 


Sections  "2 

and  4 


40  PUBLIC    (JTILITIES 

respective  of  position  on  the  calendar.  The  same  prefer- 
ence shall  be  granted  upon  application  of  the  attorney  of 
the  commission  in  any  action  or  proceeding  in  which  he 
may  he  allowed  to  intervene. 

Section  55.  For  the  purpose  of  ascertaining  the  mat- 
ters  and  things  specified  in  section  S2  of  this  act,  con- 
cerning the  value  of  the  property  of  public  utilities,  the 
commission  may  cause  a  hearing  or  hearings  to  be  held  at 
such  time  or  times  and  place  or  places  as  the  commission 
may  designate.  Before  any  hearing  is  had,  the  commis- 
sion shall  give  the  public  utility  affected  thereby  at  least 
thirty  days'  written  notice,  specifying  the  time  and  place 
of  such  hearing,  and  such  notice  shall  be  sufficient  to  au- 
thorize the  commission  to  inquire  into  the  matters  desig- 
nated in  this  section  and  in  section  47  of  this  act,  but  this 
provision  shall  not  prevent  the  commission  from  making 
any  preliminary  examination  or  investigation  into  the 
matters  herein  referred  to,  or  from  inquiring  into  such 
matters  in  any  other  investigation  or  hearing.  All  pub- 
lic utilities  affected  shall  be  entitled  to  be  heard  and  to 
introduce  evidence  at  such  hearing  or  hearings.  The 
commission  is  empowered  to  resort  to  any  other  source 
of  information  available.  The  evidence  introduced  at 
such  hearing  shall  be  reduced  to  writing  and  certified  un- 
der the  seal  of  the  commission.  The  commission  shall 
make  and  file  its  findings  of  fact  in  writing  upon  all  mat- 
ters concerning  which  evidence  shall  have  been  introduced 
before  it  which  in  its  judgment  have  have  bearing  on 
the  value  of  the  property  of  the  public  utility  affected. 
Such  findings  shall  be  subjected  to  review  by  the  supreme 
court  of  this  state  in  the  same  manner  and  within  the 
same  time  as  other  orders  and  decisions  of  the  commis- 
sion. The  findings  of  the  commission  so  made  and  filed, 
when  properly  certified  under  the  seal  of  the  commission, 
shall  be  admissible  in  evidence  in  any  action,  proceeding 
or  hearing  before  the  commission  or  any  court,  in  which 
the  commission,  the  Stale  or  any  officer,  department  or 
institution  thereof,  or  any  county,  city  and  county,  munici- 
pality or  Other  body  politic  and  the  public  utility  af- 
fected may  be  interested,  whether  arising  under  the  pro- 
visions of  this  act,  or  otherwise,  and  such  findings,  when 
so  introduced,  shall  be  conclusive  evidence  of  the  facts 
therein  stilted  as  of  the  date  therein  stated  under  condi- 
tions  then    existing  and    such    facts   can   onlv    be   contro- 


PUBLIC    UTILITIES  41 

verted  by  showing  a  subsequenl  phange  in  conditions 
bearing'  upon  t lie  facts  therein  determined.  The  commis- 
sion may,  from  time  to  time,  cause  further  hearings  and 
investigations  to  be  had  for  the  purpose  of  making  re- 
valuations or  ascertaining  the  value  of  any  betterments, 
improvements,  additions  or  extensions  made  by  any  pub- 
lic utility  subsequent  to  any  prior  hearing  or  investiga- 
tion, and  may  examine  into  all  matters  which  may  change, 
modify  or  affect  any  finding  of  fact  previously  made,  and 
may  at  such  time  make  findings  of  fact  supplementary  to 
those  theretofore  made.  Such  hearings  shall  be  had  upon 
the  same  notice  and  be  conducted  in  the  same  manner, 
and  the  findings  so  made  shall  have  the  same  force  and 
effect  as  is  provided  herein  for  such  original  notice,  hear- 
ing, and  findings;  provided,  that  such  findings  made  at 
such  supplemental  hearings  or  investigations  shall  be  con- 
sidered in  connection  with  and  as  a  part  of  the  original 
finding's  except  in  so  far  as  such  supplemental  findings 
shall  change  or  modify  the  findings  made  at  the  original 
hearing  or  investigation. 

Section  56.  i  a )  When  complaint  has  been  made  to 
the  commission  concerning  any  rate,  fare,  toll,  rental  or 
charge  for  any  product  or  commodity  furnished  or  serv- 
ice performed  by  any  public  utility,  and  the  commission 
has  found,  after  investigation,  that  the  public  utility  has 
charged  an  excessive  or  discriminatory  amount  for  such 
product,  commodity  or  service,  the  commission  may  order 
that  the  public  utility  make  due  reparation  to  the  com- 
plainant therefor,  with  interest  from  the  date  of  collec-  discrimination. 
tion,  provided  no  discrimination  will  result  from  such 
reparation. 

(b)  If  the  public  utility  does  not  comply  with  the 
order  for  the  payment  of  reparation  within  the  specified  suit  may  be 
time  in  such  order,  suit  may  be  instituted  in  any  court  of  instituted. 
competent  jurisdiction  to  recover  the  same.  All  com- 
plaints concerning  excessive  or  discriminatory  charges 
shall  be  filed  with  the  commission  within  two  years  from 
the  time  the  cause  of  action  accrues,  and  the  petition  for 
the  enforcement  of  the  order  shall  lie  filed  in  the  court 
within  one  year  from  the  date  of  the  order  of  the  commis- 
sion. The  remedy  in  this  section  provided  shall  be  cumu- 
lative and  in  addition  to  anv  other  reined  v  or  remedies  in 


Reparation  for 


ll!  IM  BMC    UTILITIES 

iliis  acl  provided  in  case  of  failure  of  a  public  utilit.v  t<> 
obey  the  order  or  decision  of  the  commission. 

Section  r>7.     1 1   is  hereby  made  the  duty  of  the  com- 
Bnf0  mission  to  see  thai  the  provisions  of  the  constitution  and 

stitution         statutes  of  this  state  affecting  public  utilities,  tlie  enforce- 
and  laws.  inent  of  which  is  not  specifically  vested  in  some  other  of- 

ficer or  tribunal,  are  enforced  and  obeyed,  and  that  viola- 
tions thereof  are  promptly  prosecuted  and  penalties  due 
the  State  therefor  recovered  and  collected,  and  to  this 
end  it  may  sue  in  the  name  of  the  people  of  the  State  of 
Colorado.  Upon  the  request  of  the  commission,  it  shall 
be  the  duty  of  the  attorney  general  or  the  district  attor- 
ney of  the  proper  county  or  city  and  county  to  aid  in  any 
investigation,  hearing  or  trial  had  under  the  provisions 
of  tin's  act,  and  to  institute  and  prosecute  actions  or  pro- 
ceedings for  the  enforcement  of  the  provisions  of  the  con- 
stitution and  statutes  of  this  State  affecting  public  util- 
ities and  for  the  punishment  of  all  violations  thereof. 

Section  58.  (a)  In  case  any  public  utility  shall  do, 
cause  to  be  done  or  permit  to  be  done  any  act,  matter  or 
thing  prohibited,  forbidden  or  declared  to  be  unlawful,  or 
shall  omit  to  do  any  act,  matter  or  thing  required  to  be 
doUe,  either  by  the  constitution,  any  law  of  this  State  or 
any  order  or  decision  of  the  commission,  such  public  util- 
Liabiefor  >ty  shall  be  liable  to  the  persons  or  corporations  affected 

-■hoi  thereby  for  all  loss,  damages  or  injury  caused  thereby  or 

resulting  therefrom,  and  if  the  court  shall  find  that  the 
act  or  omission  was  wilful,  the  court  may  in  addition  to 
the  actual  damages  award  damages  for  the  sake  of  exam- 
ple and  by  way  of  punishment.  An  action  to  recover 
such  loss,  damage  or  injury  may  be  brought  in  any  court 
of  competent  jurisdiction  by  any  corporation  or  person. 

lb)  No  recovery  as  in  Ihis  section  provided  shall  in 
any  manner  affect  the  recovery  by  the  State  of  the  pen- 
alties in  this  act  provided  or  the  exercise  by  the  commis- 
sion of  its  power  to  punish  for  contempt. 

Section  ."">!>.     la  I    This  act  shall  not  have  the  effect  to 

No  waiver  release  or  waive  any  right  of  action  by  the  state,  the  com- 

ghts.  mission,  or  any  person  or  corporation  for  any  fight,  pen 

alty  or  forfeiture  which    may   have  arisen   or  accrued   or 

may   hereafter  arise  or  accrue   under  any   law   of   this 

State. 


PUBLIC    UTILITIES  43 

(hi  All  penalties  accruing  under  tin's  act  shall  be  cu- 
mulative of  each  other,  and  a  suit  for  the  recovery  of  one  |,emiIties 
penalty  shall  not  be  a  bar  to  or  affect  the  recovery  of  any  cumulative- 
other  penalty  or  forfeiture  or  be  a  bar  to  any  criminal 
prosecution  against  any  public  utility,  or  any  officer,  di- 
rector, agent  or  employee  thereof,  or  any  other  corpora- 
tion or  person,  or  be  a  bar  to  the  exercise  by  the  commis- 
sion of  its  power  to  punish  for  contempt. 

Section   60.     Whenever  the   commission   shall   be  of 

the  opinion  that  any  public  utility  is  failing  or  omitting  Action  for 

to  do  anything  required  of  it  by  law,  or  by  any  order,  violations  or 

decision,   rule,   direction   or  requirement   of  the  commis-  threatened 

■.    .  . ,  .  ,  -,  ,i   ■  violations. 

si  on,  or  is  doing  anything  or  about  to  do  anything;,  or  per- 
mitting anything  or  about  to  permit  anything  to  be  done 
contrary  to  or  in  violation  of  law  or  of  any  order,  deci- 
sion, rule,  direction  or  requirement  of  the  commission,  it 
shall  direct  the  attorney  of  the  commission  to  commence 
an  action  or  proceeding  in  the  district  court  in  and  for 
the  county,  or  city  and  county,  in  which  the  cause  or 
some  part  thereof  arose,  or  in  which  the  corporation  or 
person  complained  of,  if  any,  has  its  principal  place  of 
business,  or  in  which  the  person,  if  any,  complained  of, 
resides,  in  the  name  of  the  people  of  the  State  of  Colo- 
rado, for  the  purpose  of  having  such  violations  or  threat- 
ened violations  stopped  and  prevented,  either  by  manda- 
mus or  injunction.  The  attorney  of  the  commission  shall 
thereupon  begin  such  action  or  proceeding  by  petition  to 
such  district  court,  alleging'  the  violation  or  threatened 
violation  complained  of,  and  praying  for  appropriate  re- 
lief by  way  of  mandamus  or  injunction.  It  shall  there- 
upon be  the  duty  of  the  court  to  specify  a  time,  not  ex- 
ceeding twenty  days  after  the  service  of  the  copy  of  the 
petition,  within  which  the  public  utility  complained  of 
must  answer  the  petition,  and  in  the  meantime  said  public 
utility  may  be  restrained.  In  case  of  default  in  answer, 
or  after  answer,  the  court  shall  immediately  inquire  into 
tlie  facts  and  circumstances  of  the  case.  Such  corpora- 
tions or  persons  as  the  court  may  deem  necessary  or 
proper  to  be  joined  as  parties,  in  order  to  make  its  judg- 
ment, order  or  writ  effective,  may  be  joined  as  parties. 
The  final  judgment  in  any  such  action  or  proceeding 
shall  either  dismiss  the  action  or  proceeding  or  direct 
that  the  writ  of  mandamus  or  injunction  issue  or  be  made 


1 1 


I'l'I'.I.ie    UTILITIES 


Penal ty  for 
violations. 


Each  violation 

separate 

offense. 


Enforcing 
act.  penalties. 


Officer,  agent, 
employe,  liable. 


permanent  ;is  prayed  for  in  the  petition,  or  in  such  mod 
ified  or  other  form  as  will  afford  appropriate  relief.  An 
ap]  "al  may  be  taken  to  the  supreme  court  from  such  final 
judgment  in  the  same  manner  ami  with  the  same  effect, 
subject  i(»  the  provisions  of  this  act,  as  appeals  arc  taken 
from  judgments  of  the  district  courl  in  other  actions  for 
mandamus  or  injunction. 

Section  61.  i  .1 1  Any  public  utility  which  violates  or 
fails  to  couiph  with  any  provision  of  the  constitution  "of 
this  State  or  of  this  act,  or  which  fails,  omits  or  neglects 
in  obey,  observe  or  comply  with  any  order,  decision,  de- 
cree,  rule,  direction,  demand  or  requirement  or  any  part 
or  provision  Thereof,  of  the  commission,  except  an  order 
for  the  payment  of  money,  in  a  case  in  which  a  penalty 
has  not  hereinbefore  be'en  provided  for  such  public  util- 
ity, is  subject  to  a  penalty  of  not  more  than  two  thou- 
sand dollars  for  each  and  every  offense. 

lb)  Every  violation  of  the  provisions  of  this  act  or  of 
any  order,  decision,  decree,  rule,  direction,  demand  or  re- 
quirement of  the  commission,  or  any  part  or  portion 
thereof,  except  an  order  for  the  payment  of  money,  by 
any  corporation  or  person  is  a  separate  and  distinct  of- 
fense, and  in  case  of  a  continuing  violation  each  day's 
continuance  thereof  shall  he  and  be  deemed  to  be  a  sep- 
arate and  distinct  offense. 

(c)  In  construing  and  enforcing  the  provisions  of 
this  act  relating  to  penalties,  the  act,  omission  or  failure 
of  any  officer,  agent  or  employee  of  any  public  utility, 
acting  within  the  scope  of  his  official  duties  or  employ- 
ment, shall  in  every  case  l»e  and  be  deemed  to  be  the  act, 
omission  or  failure  of  such  public  utility. 

Section  62.  Every  officer,  agent  <>r  employee  of  any 
public  utility,  who  violates  or  fails  t<>  comply  with,  or 
who  procures,  aids  or  abets  any  violation  by  any  public 
utility  of  any  provision  of  the  constitution  of  this  State 
or  of  this  act,  or  who  fails  to  obey,  observe  or  comply 
with  any  order,  decision,  rule,  direction,  demand  or  re- 
quirement or  any  part  or  provision  thereof,  of  the  com- 
mission, except  an  ord(  r  for  the  payment  of  money,  or  Mho 
procures,  aids  or  abets  any  public  utility  in  its  failure  to 
obey,  observe  and  comply  with  any  such  order,  decision, 
rule,  direction,  demand  or  requirement,  or  any  part  or 
provision   thereof  in  a  case  in  which  a   penalty   has  not 


PUBLIC    UTILITIES 


4.") 


hereinbefore  been  provided  for  such  officer,  agent  or  em- 
ployee, is  guilty  of  n  misdemeanor  and  is  punishable  by  a 
line  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  a  county  jail  not  exceeding-  one  year,  or  by  l><>th 
such  fine  and  imprisonment. 

Section  <>:!.  Every  corporation  other  than  a  public 
utility  which  violates  any  provision  of  this  act,  or  which 
fails  to  obey,  observe  or  comply  with  any  order,  decision, 
rule,  direction,  demand  or  requirement,  or  any  part  or 
provision  thereof,  of  the  commission,  except  an  order  for 
the  payment  of  money,  in  a  case  in  which  a  penalty  has 
not  hereinbefore  been  provided  for  such  corporation  or 
person  is  subject  to  a  penalty  of  not  more  than  two  thou- 
sand dollars  for  each  and  every  offense. 

Section  64.  Every  person,  who.  either  individually, 
or  acting  as  an  officer,  agent  or  employee  of  a  corporation 
other  than  a  public  utility,  violates  any  provision  of  this 
act.  or  fails  to  observe,  obey  or  comply  with  any  order, 
decision,  rule,  direction,  demand  or  requirement,  or  any 
part  or  portion  thereof,  of  the  commission,  or  who  pro- 
cures, aids  or  abets  any  such  public  utility  in  its  violation 
of  this  act.  or  in  its  failure  to  obey,  observe  or  comply 
with  any  such  order,  decision,  rule,  direction,  demand  or 
requirement,  or  any  part  or  portion  thereof,  in  a  case  in 
which  a  penalty  has  not  hereinbefore  been  provided  for 
such  person,  is  guilty  of  a  misdemeanor  and  is  punish- 
able by  a  fine  of  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  a  county  jail  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Section  65.  Actions  to  recover  penalties  nuder  this 
act  shall  be  brought  in  the  name  of  the  people  of  the 
State  of  Colorado,  in  the  district  court  in  and  for  the 
county,  or  city  and  county,  in  which  the  cause  or  some 
part  thereof  arose,  or  in  which  the  corporation  com- 
plained of.  if  any.  has  its  principal  place  of  business,  or 
in  which  the  person,  if  any,  complained  of.  resides.  Such 
action  shall  be  commenced  and  prosecuted  to  final  judg- 
ment by  the  attorney  of  the  commission.  In  any  such 
action,  all  penalties  incurred  up  to  the  time  of  commenc- 
ing the  same  may  be  sued  for  and  recovered.  In  all  such 
actions,  the  procedure  and  rules  of  evidence  shall  be  the 
same  as  in  ordinary  civil  actions,  except  as  otherwise 
herein    provided.      All    fines  and    penalties   recovered    by 


Violations  by 
corporations 
not  public 

utilities. 


Officer  agent 
employe  of 
corporations 
not  public 
utility  liable. 


Action  to 

recover 

penalties. 


t<; 


rrr.uc   itiutiks 


<  Jontempt. 


Actions  by 
State  or  Rail- 
road '  !ommis- 
sion  not 
affected. 


No  abatement 
<  <  f  provisions 

<'f('h;ip    .",. 
S.   L.   L910. 


Hie   State   in   any   such   action,   together   with    the   costs 

thereof,  shall  he  paid  into  the  state  treasury  to  the  credit 
of  The  Public  Utility  Commission  Fund.  Any  such  ac- 
tion may  be  compromised  or  discontinued  od  application 
of  the  commission  upon  such  terms  as  the  court  shall  ap- 
prove and  order. 

Section  66.  ia  i  Every  public  utility,  corporation  or 
person  which  shall  fail  to  observe,  obey  or  comply  with 
any  order,  decision,  rule,  direction,  demand  or  require- 
ment, or  any  part  or  portion  thereof,  of  the  commission  or 
any  commissioner,  except  an  order  for  the  payment  of 
money,  shall  he  in  contempt  of  the  commission,  and  shall 
he  punishable  by  the  commission  for  contempt  in  the  same 
manner  and  to  the  same  extent  as  contempt  is  punished 
by  courts  of  record.  The  remedy  prescribed  in  this  ac- 
tion shall  not  he  a  bar  to  or  affect  any  other  remedy  pre- 
scribed in  this  act,  hut  shall  he  cumulative  and  in  addi- 
tion to  such  other  remedy  or  remedies. 

(hi  This  act  shall  not  affect  pending  actions  or  pro- 
ceedings brought  hy  or  against  the  people  of  the  State  of 
Colorado  or  the  Railroad  Commission,  or  by  any  other 
p(  rson  or  corporation  under  the  provisions  of  chapter  •"> 
of  the  laws  of  l'.lll),  hut  the  same  may  he  prosecuted  and 
defended  with  the  same  effect  as  though  this  act  had  not 
been  passed.  Any  investigation,  hearing  or  examination 
undertaken,  commenced,  instituted  or  prosecuted  by  the 
Railroad  Commission  prior  to  the  taking  effect  of  this  act 
may  be  conducted  and  continued  to  a  final  determination 
in  the  same  manner  and  with  the  same  effect  as  if  it  had 
been  undertaken,  commenced,  instituted  or  prosecuted  in 
accordance  with  the  provisions  of  this  act.  All  proceed- 
ings heretofore  taken  by  the  Railroad  Commission  in  any 
such  investigation,  hearing  or  examination  are  herein 
ratified,  approved,  validated  and  continued  and  all  such 
I  roceedings  shall  have  the  same  force  and  effect  as  if 
they  had  been  undertaken,  commenced,  instituted  and 
prosecuted  under  the  provisions  of  this  act  and  in  the 
manner  herein  prescribed. 

(c)  No  cause  of  action  arising  under  the  provisions 
of  chapter  5  of  the  laws  of  L910  shall  abate  hy  reason  of 
I  lie  passage  of  this  act.  whether  a  suit  or  action  has  hi  en 
instituted  thereon  ;it  the  time  of  taking  cll'ect  of  this  act 
or  not.  hut   actions  may  he  brought    upon  such   causes  in 


I'l'l'.I.IC    UTILITIES 


the  same  manner,  under  the  same  terms  and  conditions, 
and  with  the  same  effect  as  though  parts  of  said  chapters 
had  not  been  repealed. 

(d)  All  orders,  decisions,  rules  or  regulations  hereto- 
fore made,  issued  or  promulgated  by  the  Railroad  Com- 
mission shall  continue  in  force  and  have  the  same  effect 
as  though  they  had  been  lawfully  made,  issued  or  pro- 
mulgated under  the  provisions  of  this  act. 

Section  67.  If  any  section,  subsection,  sentence, 
clause,  or  phrase  of  this  act  is  for  any  reason  held  to  be 
unconstitutional,  such  decision  shall  not  affect  the  va- 
lidity of  the  remaining  portions  of  this  act.  The  General 
Assembly  hereby  declares  that  it  would  have  passed  this 
act,  and  each  section,  subsection,  sentence,  clause  and 
phrase  thereof,  irrespective  of  the  fact  that  any  one  or 
more  other  sections,  subsections,  sentences,  clauses  or 
phrases  be  declared  unconstitutional. 

Section  68.  Neither  this  act  nor  any  provision  there- 
of, except  when  specifically  so  stated,  shall  apply  or  be 
construed  to  apply  to  commerce  with  foreign  nations  or 
commerce  among  the  several  states  of  this  Union,  except 
in  so  far  as  the  same  may  be  permitted  under  the  provi- 
sions of  the  constitution  of  the  United  States  and  the  Acts 
of  Congress. 

Section  69.  That  sections  11.  16,  IT.  IS.  1!)  and  20 
of  Chapter  5,  Laws  of  1910,  entitled  "An  act  to  amend 
and  as  amended  to  re-enact  an  act  entitled  "An  act  to  reg- 
ulate common  carriers  in  this  State,  to  create  a  State  rail- 
road commission,  to  prescribe  and  define  its  duties,  to  fix 
the  salaries  of  the  commissioners  and  of  the  employees  of 
the  commission,  to  prevent  the  imposition  of  unreasonable 
rates  and  charges,  to  prevent  unjust  discriminations,  to 
insure  an  adequate  railway  service,  to  prevent  the  giving 
or  receiving  of  rebates,  to  prescribe  the  mode  of  pro- 
cedure and  the  rules  of  evidence  in  relation  thereto,  to 
prescribe  penalties  for  violations  of  this  act,  to  exercise 
a  general  supervision  over  the  conduct  and  operations  of 
common  carriers  and  to  repeal  all  acts  or  parts  of  acts 
inconsistent  herewith'  ",  be  and  the  same  are  hereby  re- 
pealed, and  the  remaining  sections  of  said  Chapter  5, 
Laws  1910,  where  not  in  conflict  with  this  act,  are  hereby 
expressly  declared  to  be  and  remain  in  full  force  and  ef- 
fect, as  if  this  act  had  not  heen  passed;  except   thai   the 


Orders  of 
Railroad 
Commis.sion 
in  force. 


Saving 
clause. 


Interstate 
commerce. 


Repealing 
section. 


IS 


'I   LSLIC    UTILITIES 


powers  and  duties  therein  conferred  upon  the  state  Bail- 
road  Commission  <>t  Colorado,  arc  hereby  transferred  and 
conferred  upon  the  commission  created  by  tliis  act. 

All  other  acts  and  parts  of  ads  in  conflict   with  this 
act  are  hereby  repealed. 

Approved  April  12th  1913  a1  4:55  P.  .M. 


NOTICE 

Sections  35,  :'»<;  and  :'»7  have  been  referred  under  the 
initiative  and  referendum  law  and  are  not  operative.  The 
same  will  be  voted  on  at  the  General  Election  to  he  held 
November  3,  1914. 


■ 


U.C.  BERKELEY  LIBRARIES 


Gaylord  Bros. 

Makers 

Syracuse,  N.  V 

PAT,  JAN.  21,  1908 


CDE5bS0TEb 


2V3VH2 


/ 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


39 


